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TO THE HONORABLE, 

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OP "THE 



UNITED STATES, IN CONGRESS ASSEMBLED. 



PETITION 

O F 

MAJOR G. TOCHMAN, 

ATTORNEY AND COUNSEL 

OF THE 

NEXT OF KIN AND HEIRS AT LAW 

O F 

GEN. THADEUS KOSCIUSKO. 

DECEMBER, 1847. 




E z o 

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PETITION. 



To the Honorable the Senate and House of Representatives of 
the United States in Congress assembled. 

For the last twenty-two months, I have been the object of a 
most wanton and unwarrantable persecution of a foreign policy : 
or of an attempt to visit upon me, in this land of liberty, the 
penal laws of a despotic power, for alleged political offences 
against that power, to wit : for the part which I took in defending 
the liberties and independence of Poland, against the encroach- 
ments and rapacity of Russia. Having exhausted, unavailably, 
all legal means in resisting that wanton and unwarrantable at- 
tempt so disrespectful to the sovereignty of these United States 
under whose protection I now live, I beg leave to address my- 
self, respectfully, to your honorable body, for such protection 
as the law of nations in general, and the policy of this great 
Republic in particular, may, in the wisdom of this honorable 
Congress, afford me. To make your honorable body under- 
stand perfectly the character of my complaint, and the extent of 
the injury done me, as well as the highly criminal disrespect 
offered to the sovereignty of these United States by the despotic 
power alluded to — or at least by its diplomatic representative at 
Washington, I am necessarily compelled to state, — that I am 
a native of Poland ; that I took an active part against Russia as 
a major in the army, during the war for the independence of 
Poland, in 1830; that for having done so, I was exiled from 
Poland, in 1831, and had my property confiscated by that ever 
grasping sovereign — the autocrat, in 1835. In 1832, three 
years before my property in Poland was confiscated, I went to 
France as a political exile — where I was elected, by my fellow- 
countrymen, vice-president of the Polish council at Avignon, 
and held that office until 1834 — when I went to Paris. About 
1 



the end of 1836, 1 left France for England, and in 1837 I came 
to this country, where I made myself known to the public of 
these United States as a public lecturer — on the policy of Russia 
and the wrongs and sufferings of my native land, Poland. In 
1843, I became a naturalized citizen of these United States, and 
in 1845, I was admitted to practice law in various United 
States Courts, and in those of the states of Maryland and 
New York, in which last mentioned state, I reside. In my 
new character of a citizen and member of the bar, I formed 
in the state of New York, a Polish Slavonian Literary Associa- 
tion, having for its object to advance the cause of my native 
land, by extending amongst my new fellow-citizens of these 
United States, the knowledge of the history, science and litera- 
ture of the Slavonian race. The list of the members of this 
association, contains a number of the most distinguished leading 
citizens of these United States ; and I obtained from the Legisla- 
ture of New York a charter incorporating said Polish Slavonian 
Literary Association, on the 26th of March, 1846.* 

These incidents in my life have been adverted to, as I stated 
above, to make your honorable body understand the source and 
character of the wanton and unwarrantable foreign political in- 
terference with my rights and privileges, which I proceed to 
expose. 

Soon after I commenced to practice law in this country, to 
wit: about the end of 1S45, my former countrymen, the next 
of kin and heirs at law of Gen. Thadeus Kosciusko of Estko's 
branch,f through the medium of their cousin and agent, Mr. 
Ignatius Chutkowski, a Polish political exile, and now a citizen 
of these United States residing in New York, engaged my pro- 
fessional services, to recover for them the property which their 
illustrious kinsman, Gen. Kosciusko, left in this country, and 
which they were litigating previous to engaging my services, 
for 25 or 26 years without any success. Their former counsel 
were the late Messrs. Swann and Sampson, members of the 
Washington bar, who were retained at their request by the late 
Baron de Thuye, then minister from Russia, in or about the 
year 1821. After the death of Messrs. Swann and Sampson, 

* The charter of the association and certain depositions having reference to 
it, will be found pages 12 to 22. 

t The genealogical sketch of the next of kin and heirs at law of Gen. 
Kosciusko will be found, pages 22, 23. 



some time in the year 1839 or 1840, Mr. de Bodisco, the succes- 
sor of the late Baron de Thuye minister from Russia, possessed 
himself of the papers of the next of kin of Gen. Kosciusko, and 
recommended to them to employ as their counsel, Messrs. P. 
R. Fendall and J. B. H. Smith, members of the Washington 
bar. This recommendation was objected to by said next of 
kin of Gen. Kosciusko; and in December, 1845, Mrs. Catharine 
Estko, in the name of all the members of the Estko's branch, 
informed Mr. de Bodisco, that they gave the preference to my- 
self, and requested him to deliver up their papers to their 
cousin, said Mr. Ignatius Chutkowski, whom they directed to 
transmit them to myself as their attorney and counsel ; as will 
more fully appear from the copies of the letters of said Mrs. 
Catharine Estko, hereto annexed and marked A, B, C. 

Previous to receiving the foregoing communication, when I 
came to Washington, to take charge of the business of said next 
of kin of Gen. Kosciusko of Estko's branch pursuant to the 
agreement made with their cousin, said Mr. Ignatius Chutkow- 
ski, I found out, that the other branch of Gen. Kosciusko's next 
of kin and heirs at law, the Zulkowski's branch, equally entitled 
with the former to the distribution of Kosciusko's estate, had 
neither attorney, counsel, nor agent in this country — therefore, as 
their former countryman, I undertook to take charge of their 
interest, and notified them to that effect ; I had also at the same 
time a personal interview with Mr. de Bodisco, minister from 
Russia, to get from him the papers of the Estko's branch — and 
above all, to place myself with him in a position that would 
afford me the facility of communicating with my clients, through 
his office, if possible. I then associated myself, as counsel of 
the next of kin of Gen. Kosciusko, with Messrs. P. R. Fendall 
and Joseph H. Bradley, members of the Washington bar ; of 
whom the first became my associate for the sake of peace, at 
the express request of Mr. de Bodisco, and in consequence of 
my interview with him; Mr. Bradley was of my own choice. 
The articles of this Association were reduced to writing on the 
29th of November, 1845, as will appear more fully from a copy 
hereto annexed and marked D. 

A few weeks after, Mr. de Bodisco having learned, as I 
believe, that I was making exertions to form in this country the 
Polish Slavonian Literary Association, heretofore referred to, 



and finding himself unable to defeat my plan of forming it, un- 
dertook to take vengeance upon me, and with the view of pros- 
trating me in my professional career in this country, suggested 
to my associates, Messrs. Fendall and Bradley, that he would 
get for them a power of attorney, direct from my clients, the 
next of kin and heirs at law of Gen. Kosciusko ; as will more 
fully appear from a copy of Mr. Bradley's letter to me, hereto 
annexed and marked E, the tenor of which affords no ground 
for the justification it attempts. 

Although the proposition stated in the letter marked E, was 
rejected with indignation — verbally — as will appear from the 
copy of my letter to Mr. Bradley — afterwards written, which is 
hereto annexed and marked F — a power of attorney, in the 
name of Messrs. Fendall and Bradley, was prepared at Wash- 
ington, and its draught was forwarded to St. Petersburg, by Mr. 
de Bodisco, who, to attain the object of his political vengeance, 
denounced me to his government as one of the Polish political 
exiles, and made a request, that the government should require 
my clients, the next of kin and heirs at law of Gen. Kosciusko, 
to sign said draught of the power of attorney — in order to visit 
upon me the penal laws of Russia — by taking out of my hands, 
the business which said next of kin of Gen. Kosciusko had en- 
trusted to my care. These facts came to my knowledge in 
October, 1846, and immediately a petition was addressed to his 
Excellency, the President of the United States, praying his pro- 
tection against this unwarrantable attempt of Mr. de Bodisco to 
visit upon me, in this country, the penal laws of his master. 
His Excellency the President, directed the Secretary of State to 
answer me " that the case represented in said petition is not 
deemed to be a proper one for the intervention of this govern- 
ment." I remonstrated against that answer, and preferred to his 
Excellency the President, another petition, a copy of which is 
hereto annexed, and marked G. No reply has been received. 

An attempt was also made to adjust this difficulty in a private 
way which failed, after which I addressed two letters to Mr. de 
Bodisco, minister from Russia, stating in what condition was the 
estate of Gen. Kosciusko previous to my taking charge of the 
claim of his next of kin and heirs at law, and to what condition 
it has been brought since I took charge of it ; expostulating 



with him upon the impropriety of the measure which he had 
adopted to reach me in this country ; and informing - him, that 
should the power of attorney, the draught of which he had for- 
warded to St. Petersburg, come, and *be made use of, I would 
take legal measures against Messrs. Fendall and Bradley, to 
have it set aside, as obtained by undue means and contrary to 
the law of this country ; as will more fully appear from the 
copies of said two letters, hereto annexed and marked H, I. 
. After that, the association between Messrs. Fendall, Bradley 
and myself, was dissolved, and they openly assumed to claim, 
under an authority from the Imperial Russian Legation, the 
management of the business which my former countrymen, the 
next of kin and heirs at law of Gen. Kosciusko, entrusted to my 
care : as will fully appear from the copies of the correspond- 
ence, which passed between them and myself, hereto annexed 
and marked, K, L, M ; and especially from the copy of the 
notice which they fried in the office of the Clerk of the Circuit 
Court for the District of Columbia, marked N, and from the 
copy of a memorial hereto annexed and marked O, which Mr. 
de Bodisco himself, in the capacity of a minister from Russia 
(passing by the State Department with which only the law of 
nations authorizes him to correspond as a diplomatic represen- 
tative,) thought proper to address, officially, to the Judge of the 
Orphan's court of that District. 

Without the least intention to ascribe either to the Orphan's 
court, or to the Circuit court for the District of Columbia, the 
intention to aid Mr. de Bodisco, minister from Russia, in the 
aforesaid attempt to reach me and make me feel in this country 
the penal laws of Russia for political offences against that coun- 
try — I must be excused for saying, that since the time of Mr. 
de Bodisco's interference with my professional pursuits in the 
manner heretofore explained, I have not been regarded by those 
two courts as on an equal footing with Messrs. Fendall and 
Bradley, " Counsellors, employed by the Russian Imperial Le- 
gation." 

In the Orphan's court, at their request supported by Mr. de 
Bodisco's memorial heretofore referred to and marked O, no 
proceeding of mine, as counsel of the next of kin and heirs at 
law of Gen. Kosciusko, was regarded and acted upon — until after 
the Hon. Reverdy Johnson, Senator of this honorable body, 



6 

offered me his professional assistance, and honored me with his 
association as counsel of said next of kin of Gen. Kosciusko. 

In the Circuit court I was obliged to encounter many painful 
incidents — of which, one or two will be enough to show to 
your honorable body, the position in which " the Counsellors 
employed by the Imperial Russian Legation," and myself, the 
counsellor employed by the next of kin and heirs at law of Gen. 
Kosciusko, stood before that court : 

After the association between Messrs. Fendall, Bradley and 
myself had been dissolved, and after Messrs. Fendall and Brad- 
ley had notified the Orphan's court and the Circuit court, (exhi- 
bits N, O) that they claimed the management of the business of 
the next of kin and heirs at law of Gen. Kosciusko, under the 
authority from Mr.de Bodisco — or from "the Imperial Russian 
Legation,' 1 I moved the Circuit court, to strike out their names 
from the docket in the cases of my clients, next of kin and heirs 
at law of Gen. Kosciusko, depending in that court, upon which 
they entered as my associates and under an authority from my- 
self, as will more fully appear from a copy of the motion hereto 
annexed and marked P. This motion was overruled ; the court 
said that they would not look behind the docket. So Mr. de Bodis- 
co, minister from Russia, 'during twenty-two months of renewed 
efforts in Russia, could not succeed in extorting from the next 
of kin and heirs at law of Gen. Kosciusko a power of attorney 
for " the counsellors employed by the Imperial Legation," and 
in this free country, upon the mere technicality of the law 
(which should have yielded to the principle of common sense, 
and the policy of these United States, not to permit a foreign 
minister to interfere with the professional pursuits of its adopted 
citizen) he succeeded, through the medium of " the counsellors 
employed by the Imperial Russian Legation," in putting at 
naught both, the will of said next of kin and heirs at law of 
Gen. Kosciusko, and to a certain extent my power of attorney 
from them. 

As there is no legal remedy to set aside a decision of 
this character, I was obliged to submit to it, and soon after 
(in June last) to argue the case of my clients, conjointly with 
" the counsellors employed by the Imperial Russian Legation." 
It was a case against a certain Mr. Kosciusko Armstrong. Said 
Mr. Armstrong, previous to my taking charge of the business of 



the next of kin and heirs at law of Gen. Kosciusko, obtained a 
decree against the estate of Gen. Kosciusko, adjudicating to 
him a legacy amounting to about or over $10,000, claimed by 
him under a Will which Gen. Kosciusko revoked by a subse- 
quent Will. When 1 associated myself with Messrs. Fendall 
and Bradley as aforesaid, and previous to their accepting Mr. 
de Bodisco's proposition to become "the counsellors employed 
by the Imperial Russian Legation," we filed a Bill of Review, 
praying the Circuit court to review said decree in Armstrong's 
case. The bill was drawn by Mr. Bradley, and after we broke 
our association, it was demurred to — on the ground of certain 
omissions and imperfections. Mine was the first argument in 
answer to the counsel of Mr. Armstrong. Mr. Bradley spoke 
after me. When he set down, I protested against a part of his 
argument which I considered prejudicial to the interest of my 
clients ; I did so, to protect myself from the responsibility to the 
heirs of Kosciusko, which the law imposes upon me as the only 
attorney authorized and employed by them. Mr, Bradley took 
my protest as an insult to him — and insulted me in the most 
violent and unbecoming manner, in open court. It is true that 
he was reprimanded for it, but at the same time the court sus- 
pended further argument in the case, and instituted summary 
proceeding against myself; they wrote a decision reprimand- 
ing me for protesting against Mr. Bradley's argument, and com- 
manded me to withdraw that protest, and to apologize to Brad- 
ley. Neither my explanation, that I protested against Mr. 
Bradley's argument in the exercise of my right to protect the 
interest of my clients — to whom I alone am responsible — even 
for what may be done by Mr. Bradley ; he having entered on the 
docket in the case, under authority from myself, without their 
knowledge or consent. Nor my respectful declaration, that if 
the court infers from my protest any intended offence to Mr. 
Bradley — so far as the court infers such offence — I disavow it, 
with an express declaration that I protested against Mr. Brad- 
ley's argument without any intention to offend him, but merely 
in the exercise of my duty as attorney, and to secure myself 
from the responsibility aforesaid ; none of these explanations, 
presented to the court with all due deference, were accepted ; 
two or three decisions were written with some modifications, to 
force me to withdraw my protest and apologize to Bradley 



"unconditionally 1 ' — And when with each of them, always with 
due respect to the court, I positively refused to comply, the 
court requested me to reduce to writing what sort of apology I 
would otfer — which I did, stating the case in substance as it is 
represented here. The court rejected again my apologetic 
explanation, and said that they would take the matter under 
advisement. 

Nothing more in the premises has been done up to this time, 
but a more serious incident grew out, and sprang from, this most 
unwarrantable interference of Mr. de Bodisco, minister from 
Russia, with my professional pursuits. The demurrer in Arm- 
strong's case, which was argued in June as heretofore stated, 
was ruled good, and our Bill of Review dismissed with costs 
during the October term of the court. In this condition the 
Hon. Reveidy Johnson found the case when he became, as 
heretofore stated, one of the counsel of the next of kin and heirs at 
law of Gen. Kosciusko. He and myself came to the conclusion 
to move the Circuit court to rescind the decision ruling the de- 
murrer, in Armstrong's case, good, and to grant us leave to file 
a Supplemental and amended Bill of Review, to have the cause 
re-heard ; and if this should be refused, to appeal. In this stage 
of the affair there came to this country, from Russia, Mr. Ladis- 
laus Wankowicz, late captain in the Russian army, who is one 
of the next of kin of Gen. Kosciusko of the Zolkowski's branch, 
for which branch, for reasons heretofore stated, I undertook to 
act as attorney, and in which they acquiesced. Whether Capt. 
Wankowicz came here pursuant to the order of his government, 
or of his own accord, is a question which I leave to the under- 
standing of this honorable body. I will simply call the attention 
of this honorable Congress, to the fact, that Capt. Wankowicz, 
on his coming to Washington city, was ordered by Mr. de Bo- 
disco, minister from Russia, to employ Messrs. Fendall and 
Brndley, as his counsel — which of course he did — as will more 
fully appear from the affidavit hereto annexed and marked Q. 
Upon this, Messrs. Fendall and Bradley obtained from Capt. Wan- 
kowicz an affidavit, that he never employed counsel previous to 
his coming to this country, (which is true, for as it has been 
already stated he fs one of those next of kin of Gen. Kosciusko, 
for whom 1 undertook to act as attorney, and notified them of it.) 
But " the counsellors employed by the Imperial Russian Le- 



gation " made a handle of that affidavit, and attempted to im- 
peach thereupon my character. They moved the Circuit court 
in the name of Capt. Wankowicz, for leave to file a Bill in 
the nature of a Bill of Review to have Armstrong's case 
reheard. And Mr. Bradley, during the argument of that mo- 
tion, permitted himself to insinuate that I had fraudulently 
entered on the Original Bill of Review my name as attorney 
of Capt. Wankowicz, and fraudulently induced him and Mr. 
Fendall to enter their names as my associates. Of course, I 
interrupted him, and instantly refuted this false insinuation — 
by referring the court to the articles of my association with 
Messrs. Fendall and Bradley, heretofore referred to and marked 
D ; to the part of which, printed in italics, I now respectfully 
call the attention of this honorable body. 

Mr. Bradley, finding himself unable to meet the refutation, 
made, in open court — a violent rush at me, managing and 
attempting to strike me, and insulting me in the most unbecom- 
ing manner; which insult, offered to the court and to myself, 
from complacency towards Mr. Bradiey, was entirely looked 
over by the court. One of the judges turned his face round and 
laughed ; another said nothing, and the third, with much reluc- 
tance, brought himself to utter simply the words "it is very 
improper, Mr. Bradley, very improper indeed." After which 
he (Mr. Bradley) made a sort of mock apology, and when, 
thereupon, I called upon the court to take notice of what he 
had done and said, Judge Morsel violently replied, " Mr. Toch- 
man, if you say a word more, I will order the marshall to take 
you out of the court." My self-respect directed me to leave 
the court immediately, which I accordingly did. I then took 
into my own hands the protection of my honor, which no man 
should surrender to the keeping of the community in which he 
lives, when its authorities cannot, or refuse to protect him. 

This painful incident has been here alluded to, merely to show 
to your honorable body, how deeply has been affected by the 
interference of Mr. de Bodisco, Minister from Russia, with my 
professional pursuits, even my personal security, the enjoyment 
of which the constitution of these United States so solemnly 
secures to every citizen of this great republic. Many other 
incidents, perhaps graver than any of those already alluded to, 
could be mentioned. They are omitted here from charitable 
2 



10 

regard for others, for I do not apply to your honorable body for 
redress for the past. I wish that the past may be forgotten. 
It has been referred to here, only to show to your honorable 
body, that there is absolute necessity for legislative interference 
to prevent the happening of some more painful incident than any 
that has yet occurred. This necessity for legislative inter- 
ference will more forcibly be shown, by the following circum- 
stance : 

It has been already stated that the Hon. Reverdy Johnson 
is now one — and the leading counsel of the next of kin of 
Gen. Kosciusko. As such, he applied to Mr. de Bodisco, 
Minister from Russia, to transmit to him certain papers which 
he had placed in the hands of Mr. Fendall, and which, as the 
exhibits heretofore referred to and marked A. B. show, he was 
requested, by our clients, to deliver up to their cousin, Mr. 
Ignatius Chutkovvski, who was directed to transmit them to 
myself. Mr. de Bodisco refused to comply with the request of 
the Hon. Reverdy Johnson, still assuming to claim for the 
Imperial Russian Legation — and the counsellors employed by it, 
the management of the business of the next of kin of Gen. Kos- 
ciusko, who are legally represented in this country by no body 
else but by the Hon. Reverdy Johnson and myself. The cor- 
respondence alluded to, is in the hands of the Hon. Reverdy 
Johnson. 

It is then evident that, besides the cases of the next 
of kin of Gen. Kosciusko, depending in the Circuit court for 
the District of Columbia, many new, delicate and grave ques- 
tions may arise. To avoid then for the future, the unpleasant 
position of the Honorable the Circuit court for the District of 
Columbia, as well as of myself, in which the circumstances of 
the past have placed us ; and to secure thereby to the next of 
kin and heirs at law of Gen. Thadeus Kosciusko, a speedy 
termination of the nearly thirty years' litigation ; which, also, 
seems to require some consideration at the hands of your honor- 
able body ; I respectfully beg this honorable congress, in the 
name of my clients and my own, to pass an act 

Giving to the Circuit court of the United States, for the 4th 
Circuit, in the District of Maryland, jurisdiction of all the cases 
at law and in equity, concerning the estate of General Thadeus 
Kosciusko, now depending in the Circuit court of the District 



11 

of Columbia, and of all such cases concerning said estate as may 
hereafter be commenced, in which the next of kin and heirs at 
law of said Gen. Thadeus Kosciusko, or the administrator of his 
estate, are, or may be hereafter, either plaintiffs, or complainants, 
or defendants ; commanding said Circuit court, for the District 
of Columbia, to transmit to said 4th Circuit court of the United 
States, all the papers of the cases in which said next of kin and 
heirs at law of Gen. Thadeus Kosciusko, and the administrator 
of Kosciusko's estate, are either plaintiffs, or complainants, or 
defendants; and vesting in said 4th Circuit court of the United 
States, the appellate power, now belonging to the Circuit court 
of the District of Columbia, from all the decrees and decisions 
of the Orphans' court for the District of Columbia, in which 
said next of kin and heirs at law of Gen. Thadeus Kosciusko, 
or the administrator of Kosciusko's estate, are, or may hereafter 
be, complainants or defendants. 

I also pray your honorable body, to give jurisdiction to said 
4th Circuit court of the United States of all cases, at law and in 
equity, in which I myself, personally, am, or may hereafter be, 
either a plaintiff, or complainant, or defendant, in the District of 
Columbia; and to command the Circuit court for the District of 
Columbia, to transmit to the said 4th Circuit court of the United 
States the papers, in such cases depending in said Circuit court 
of the District of Columbia, as I am personally interested in, 
either as plaintiff, complainant, or defendant. 

And, I further, respectfully, pray your honorable body, to 
take such measures to restrain Mr. de Bodisco, Minister from 
Russia, from interfering with my professional pursuits in this 
country — as, in the wisdom of your honorable body, may seem to 
be consistent with the honor of the sovereignty of these United 
States offended, by his attempt to visit upon one of its citizens, 
the penal laws of a foreign country — for alleged political offences 
against that foreign country ; and, as the policy of these United 
States, represented by your honorable body, may require and 
admit. 

With the highest respect and consideration, 

I have the honor to subscribe myself, 

Your most obedient servant, 

Gaspard Tochman. 

December 6, 1847. 



CHARTER. 

AN ACT TO INCORPORATE THE 

POLISH SLAVONIAN LITERARY ASSOCIATION, 

IN THE STATE OF NEW YORK. 
Passed March 26, 1846, by a Two-third Vote. 

The People of the State of New-York, represented in Senate 
and Assembly, do enact as folloivs : 

§ 1. Major Gaspard Tochman of Poland, now Counsellor at 
Law, of the Bar gf this State, and of the Supreme Court of the 
United States, and associated with him William H. Seward, also 
Counsellor at Law — formerly Governor, George Folsom, Senator, 
and Samuel J. Tilden, member of the Assembly of this State; 
John Davis, of Massachusetts; William Upham and Samuel 
S. Phelps, of Vermont; John McPherson Berrien, of Georgia; 
William S. Archer, of Virginia; Albert C. Greene and James F. 
Simmons, of Rhode Island ; Jacob W. Miller and William L. 
Dayton, of New Jersey ; George Evans, of Maine ; Willie -P. 
Mangum, of North Carolina; Reverdy Johnson and James A. 
Pearce, of Maryland; Thomas Corvvin, of Ohio; John J. Crit- 
tenden, of Kentucky ; Spencer Jarnagin, of Tennessee — Senators 
of the United States in Congress ; 

John DeMott, Albert Smith, Elias B. Holmes, Erastus D. 
Culver, Washington Hunt, Hugh White, Abner Lewis, R. P. 
Herrick, Horace Wheaton, of this State; Andrew Trumbo, 
John H. McHenry, William P. Thomasson, of Kentucky; Ben- 
jamin Thompson, Julius Rockwell, Daniel P. King, Charles 
Hudson, and George Ashman, of Massachusetts; Columbus 
Delano, Samuel F. Vinton, Joseph M. Root, Daniel R. Tilden, 
and Joshua R. Giddings, of Ohio ; John Runk, George Sykes, 
and Joseph Edsall, of New Jersey; Alfred Dockery, of North 
Carolina; George P. Marsh, and Jacob Collamer, of Vermont; 
John R. Rockwell, and Samuel D. Hubbard, of Connecticut; 
Robert Toombs, of Georgia; Alexander Ramsey, Richard Brod- 
head, and James Pollock, of Pennsylvania; Bannon G. Thibo- 
daux of Louisiana; John S. Pendleton, of Virginia; Luther 
Severance and Robert F. Dunlap, of Maine; Henry Y. Cranston 
and L. H. Arnold, of Rhode Island; Edward Long, of Mary- 
land — all Members of the House of Representatives of the 
United States, in Congress; 

John McLean, Levi Woodbury, James M. Wayne, Samuel 
Nelson, and John McKinly, Judges of the Supreme Court of the 
United States; Albert Gallatin, late Envoy Extraordinary, and 
Minister Plenipotentiary of the United States to France; 



13 

Theodore Frelinghuysen, LL.D., Chancellor, and James Tall- 
madge, President of the University of New York ; Josiah 
Quincy, LL. D., late President, and Jared Sparks, LL. D., 
Professor, of Harvard University; Nathaniel V. Moore, LL. D., 
President of Columbia College; Professor Joseph G. Cogswell, 
of New-York ; 

Samuel A. McCoskry, Bishop of Michigan : Rev. G. T. Bedell, 
of the Episcopal Church, of New-York ; John McCloskey, Bishop 
co adjutor, and Charles Constantine Pise, D. D., of the Roman 
Catholic Church, of New-York; Thomas H. Skinner, D. D., of 
New-York, and W. B. Sprague, D. D., of Albany, of the Pres- 
byterian Church; Rev. Henry W. Bellows, of the Unitarian 
Church; Rev. Edwin Holt, and William R. Williams, D. D., 
of the Baptist Church; 

William F. Havemeyer, Mayor of the City of New-York; 
Josiah Quincy, jr., Mayor of the City of Boston, in the State of 
Massachusetts ; 

Greene C. Bronson, Chief Justice, and W. P. Hallet, Clerk 
of the Supreme Court of this State ; John Van Buren, Attorney 
General of this State; Benjamin F. Butler, District Attorney of 
the United States ; W. T. McCoun, Vice Chancellor, and Lewis 
H. Sandford, Assistant Vice Chancellor of this State; 

Daniel Lord, Daniel D. Lord, James S. Sandford, J. Prescott 
Hall, W. B. Lawrence, David P. Hall, Jonathan Miller, Thomas 
W. Tucker, Samuel A. Crapo, W. M. Evarts, John Jay, Charles 
E. Butler, O. H. Piatt, Morris Franklin, E. P. Hurlburt, John 
Bigelow, Edward Sandford, M. R. Zabriskie, D. L. White, 
J. L. White, Mortimer Porter, Stephen P.Nash, T. W. Walker, 
Francis H. Upton, Ralph Lockwood, Edwin W. Stoughton, 
Edwin Burr, D. E. Wheeler; Alexander S. Johnson, H. S. 
Dodge, C. Van Santvoord, Richard II. Bowne, John P. Crosby, 
John H. Magher, Augustus Schell, John Slosson, Stephen Cam- 
breleng, John H. Lee, William Van Wyck — of the City and 
State of New-York ; T. Parkin Scott, of Baltimore, in the State 
of Maryland ; James Page and George W. Page of Philadelphia, 
in the State of Pennsylvania; John Pickering, Richard Robins, 
and George Snelling, of Boston, in the State of Massachusetts — 
all Counsellors at Law; 

J. J. Astor, Edward Treadwell, G. H. Striker, Alfred G. 
Jones, W. Woodbridge Hudson, and Livingston K. Miller — all 
Attorneys at Law in City and State of New York ; 

Richard S. Smith. President of the Union Insurance Company 
of Philadelphia, in the State of Pennsylvania, and Henry Bohlen, 
of the City and State last aforesaid ; Dr. Samuel G. Howe, Amos 
Lawrence, and Charles Lyman, of Boston, in the State of Mas- 
sachusetts; 

F. C. Tucker, President of the Leather Manufacturer's Bank ; 
Jas. Gallatin, President of the National Bank; Shepherd Knapp, 
President of the Mechanic's Bank; Reuben Withers, Cashier of 
the Bank of the State of New-York ; Preserved Fish, President 



14 

of the Tradesmen's Bank; George Newbolcl, President of the 
Bank of America ; J. Oothout, President of the Bank of New- 
York, John A. Stevens, President of the Bank of Commerce, and 
George Curtis, Cashier of the same Bank; D. Leavitt, President 
of the Bank of Exchange, and John I. Fisk, Cashier of the same 
Bank; Robert L. Patterson, President of the Mutual Benefit 
Life Insurance Company; James G. King and Samuel Ward, 
Bankers; Philip R. Kearny, Secretary of the New-York Life 
Insurance Company — all of the City and State of New-York; 

Joseph R. Chandler, Proprietor and Editor of the Philadelphia 
United States Gazette ; James W. Webb and Charles King, 
Proprietors and Editors of the Courier and Inquirer, of New 
York; John H. Guion, Publisher of the Morning News, of New 
York; Theodore Dwight, Proprietor, and W. B. Townsend, 
Editor of the New York Express; Francis Hall, Proprietor and 
Editor of the New York Commercial Advertiser; Nathan Hale, 
Proprietor and Editor of the Boston Daily Advertiser; W. C. 
Bryant, Proprietor and Editor of the New York Evening Post; 
John L. O'Sullivan, Proprietor and Editor, Thomas P. Kettell, 
and O. C. Gardner, Editors of the Democratic Review; John 
Allen, Proprietor, anil L. Gaylord Clark, Editor of the Knicker- 
bocker ; Horace Greeley, Editor and Proprietor of the New York 
Tribune ; 

Gen. John Wilson, of Missouri; Col. James Monroe, R. 
Watts, jr., M.D., H. J. Raymond, Fitz Greene Halleck, the 
Poet, E. F. Foresty, Wm. Douglass, Vanbrugh Livingston, 
Campbell B. White, Isaac T. Smith, Elijah F. Purdy, James 
Connor, J. D. Fowler, Jacob A. Westervelt, Anson Livingston, 
John Cotton Smith, W. E. Whiting, J. W. Bogart— all of the 
City and State of New York; 

And all such Persons as they shall at any time hereafter asso- 
ciate with themselves, are hereby created a body corporate by 
the name of the "Polish Slavonian Literary Association in the 
State of New York," for the purpose of collecting a Library, 
and promoting the diffusion of knowledge of the History, Science 
and Literature of the nations of the Slavonian race— giving 
Lectures, and publishing tracts and a journal in the English and 
such foreign languages as the Corporation shall deem proper. 

§ 2. To meet the exigencies of the purposes for which this 
Corporation is created, it shall have the power of holding real 
and personal property to the amount of two hundred and fifty 
thousand dollars, which is to be acquired by subscriptions, gifts, 
donations, assignments, devises, and by purchase. 

§ 3. The executive department of the Corporatian shall consist 
of a President, two Vice Presidents, a Corresponding Secretary, 
a Recording Secretary, one Librarian, one Treasurer, and a 
Board of Directors, whose number shall not exceed eleven 
members, including the President and two Vice Presidents, who 
shall be, ex officio, Members of the Board of Directors. 



15 

§ 4. The officers enumerated in the preceding section shall be 
chosen annually, on the 29th day of November, by a plurality 
of votes of the members who shall be present at such annual 
meeting. And if such meeting shall not be holden on that day, 
then on such other day as the President, or in his absence the 
Acting Vice President, shall appoint. 

§ 5. The vacancies which may take place between the annual 
elections shall be filled by commissions to be issued by the Pres- 
ident, and in his absence, by the acting Vice President, with the 
advice of the Board of Directors. And the officers thus ap- 
pointed shall continue in office until others in their stead be 
elected at the next annual meeting of the Corporation. 

§ 6. The Corporation shall have the power of making such 
By-Laws and regulations as they shall judge proper, for regu- 
lating further their annual and other periodical Meetings ; for 
prescribing the duties of the respective officers, and the mode of 
discharging them; for admission of new members, and the mode 
of suspending or expelling such officers and members as the 
safety and honor of the Corporation may require ; and for all 
other business calculated to promote the object and purposes of 
the Corporation. But it is expressly provided that no By-Law 
shall pass nor be changed unless the meeting shall be attended 
by a majority of members of the Association, or at least by two- 
thirds of those residing in the City of New-York. The mem- 
bers residing in the other States may send their votes in writing, 
if they choose to do so, which shall be counted with the votes of 
the members present at the meeting. 

§ 7. Right Rev. Bishop McCoskry, George Folsom, Senator, 
William F. Havemeyer, Mayor of the City of New-York, Major 
G. Tochman, or either two of them, are authorized to invite 
seven members of the Association to form with them a committee, 
whose duty shall be to draw the first By-Laws, and to submit 
them to the decision of the Corporation, at a Meeting which the 
said Committee shall call as soon as they prepare the By-Laws. 
This Meeting shall also elect the Officers of the Corporation for 
the current year. 

§ 8. No debt shall be contracted by the said Corporation, ex- 
cept for the purchase of Books, for printing, and rent of rooms; 
and the whole amount of its debts, shall at no time exceed two 
thousand dollars. 

§ 9. The said Corporation shall further possess all general 
powers, and be subjected to all restrictions and liabilities pre- 
scribed by the third Title of the Eighteenth Chapter of the First 
Part of the Revised Statutes of this State. 

§ 10. This Act shall take effect immediately. 

State of New York, > I have compared the preceding with the original law on 
Secretary's Office. ) file in this office, and do certify that the same is a cor- 
rect transcript therefrom and of the whole of the said 
original. 

N. S. BENTON, Secretary of State. 



16 

MEMBERS RECEIVED UNDER THE CHARTER. 
BROWN, FRANCIS S., Counsellor at Law, - New York. 

DEVELIN, JOHN E., Counsellor at Law, Member of Assembly, « 

JONES, SAMUEL, Chief Justice Superior Court, - - - • - « 

KALUSSOWSKI, HENRY, Professor, &c. « 

PODBIELSKI, JOSEPH. A.M., Professor, &x. - « 

S ANFORD, EDWA RD, Member of Senate and Counsellor at Law, 
SEDGWICK, THEODORE, Counsellor at Law, - 

SOBOLEWSKI, PAUL, .... Southport, Wisconsin Ter. 

THOMAS, LEWIS S., Attorney at Law, .... New York. 

WETMORE, PROSPER M., General, &c. « 

WIERZBICKI, FELIX P. M. D. « 

WIGHTMAN, STILLMAN K., Counsellor at Law, ...» 

Honorary members, invited by the first meeting of the Association. 
Atwood, J. Member of Parliament, ... London. 
David, d'Angers, Sculptor, Institut National, - - Paris. 

Beaumont, Thomas Wentworth, late M. P. - London. 

Bowring, J.— M. P. " 

Burkhart, Charles, Homme de Lettre, Leipzig, Germany. 

Brockhaus, T. A. Public Librarian and Publisher, " " 

Barthels, Adolph, Homme de Lettre, - - Bruxelles. 
Czartoryski, Adam, Prince, President of the Polish 

Government during the war of 1830 — 31, Paris. 
Carlysle, Thomas, ------ London. 

Chodzko, Leonard, Polish writer, ... - Paris. 

Devonshire, Duke of, ----- London. 

Mr. Ducpetieu, ------- Bruxelles. 

Demidow, Anatole, Count, .... Paris. 

Eichhorn, Professor, University Manheim, - - Baden. 

M. de Gendebien, late Deputy, - - - - Bruxelles. 

Gaj, Ludenst, Editor and Homme de Lettre, - Illiria. 

D'Harcourt, Marquis, ------ Paris. 

Huniad, Henry, Count, ... Presburg, Hungary. 
Hallam, Henry, Historian, - London. 

Hanka, Vinceslaus, Professor, University Prague, Bohemia. 

Hertzog, Professor, University Jena, - - Saxe Weimar. 

Itzstein, Deputy, Baden, Manheim 

Jarry de Mancy, Professor, Institut National, - - Paris. 
De Lasteyrie, Count, President of the Polish Committee, Paris. 
Lelewel, Joachim, Historian, member of the Polish 

Government during the war of 1830-31, Bruxelles. 
Montalambert, Peer of France, (Count,) - Paris. 

Palacki, J. ----- Prague, Bohemia. 

Robert, Cyprien, Professor, College de France, - - Paris. 

Sutherland, Duke of, London. 

Skrzynecki, John, General in Chief of the Polish 

Army during the war of 1830-31, Bruxelles. 
Stewart, C. Dudley, Lord, - London. 
Szyrma, Lach, late Professor in the University of Warsaw, " 
Szafarzyk, Joseph, Professor, University Prague, Bohemia. 
Szafarzyk, John, Professor, Belgrade, ... Servia. 
Spatzier, Otton, Homme de Lettre, - Leipzig, Germany. 
Snell, Professor, University of Zurich, - - Zvvitzerland. 
Zaleski, Bohdan, Polish Poet, Pans. 



17 

EPOSITIONS 



United States of America 

Southern District of New 
City, County and State of New 



v lork, S-ss. 
t York. j 



Be it remembered, that on this 13th day of September, in the 
year of our Lord 1847, I, George W. Morton, a Commissioner, 
duly appointed by the Circuit court of the U. S. for the Southern 
District of New York, in the Second Circuit, under and by vir- 
tue of the acts of Congress, entitled, " An act for the more con- 
venient taking of affidavits, and bail in civil causes, depending 
in the courts of the U. S." passed February 20th, 1812, and the 
Act of Congress, entitled, An act, in addition to an act entitled, 
"An act for the more convenient taking of affidavits and bail in 
civil causes depending in the courts of the U. S." passed March 
1st, 1817, and the act entitled " An act to establish the judicial 
courts of the United States, passed September 24th, 1789, did 
call and caused to be and personally appear before me, at my 
office at the United States court — in the City of New York, in 
the said Southern District of New York, in the state aforesaid, 
Ignatius T. Chutkowski, to testify, and the truth to say, on the 
part and behalf of the plaintiff, in a certain suit or matter of con- 
troversy, now depending and undetermined in the Circuit court 
of the U. S. for the District of Columbia, for Washington county, 
at Washington city, in the District aforesaid — wherein Gaspard 
Tochman is plaintiff and Thomas Ritchie and John P. Heiss, are 
defendants. And the said Ignatius T. Chutkowski, being about 
the age of thirty-four years, and having been by me first cautioned 
and sworn to testify the truth, the whole truth, and nothing but 
the truth, in the matter of controversy aforesaid, I did carefully 
examine the said Ignatius T. Chutkowski, and he did thereupon 
depose, testify and say as follows, viz : That he was born in the 
government of Podolia and state of Poland, and resides in the 
city of New York, more than 100 miles from Washington city, 
District of Columbia, the place of trial of the above cause, 

That he has known the plaintiff personally since 1842. I knew 
him before that time by reputation as Vice President of the 
Polish Council, at Avignon, in France, and as a public lecturer 
on Poland and Russia, in this country, which induced me to call 
upon him when he visited Washington city, in the District of 
Columbia, in 1842, where I was then residing, and it was on 
that occasion that I made his personal acquaintance by intro- 
ducing myself to him as his fellow-countryman. 

State what you know in relation to the identity of his person, or 
that he is actually the Polish Major G. Tochman, as he represents 
himself to be. 
3 



18 

He savs — The circumstances I am about to relate confirm the 
identity of the plaintiff' in this cause. — In 1846, when Major 
Tochman made exertions to form in this state the Polish Slavo- 
nian Literary Association, for which he obtained a charter from 
the Legislature of this state, some of the Poles residing in this 
city protested against it, and on this occasion they seemed to 
have questioned the identity of his person, they denied him the 
right of forming that society, and denounced that he was col- 
lecting donations without authority, under pretext of forming 
that society, and that he assumed in this country the rank of 
Major. These Poles were then and still are members of a sec- 
tion of the Polish society of the third of May, whereof I was then 
and am still the secretary. Having no reason to believe that the 
protest was reasonable, or that the imputations made against Major 
Tochman had any foundation, or that he ever collected any do- 
nations, or subscriptions, I refused to take any part in these pro- 
ceedings. I even endeavored to deter therefrom those who pro- 
tested against Major Tochman, but they seemed to have labored 
under the impression that Major Tochman had no right to form 
that society without previously consulting with them as the mem- 
bers of the Polish society of the third of May, to which he refused 
to belong. They then published several articles against Major 
Tochman, and reported their proceedings to the general Polish 
society of the third of May, organized and existing in France. 
This step of theirs was however greatly disapproved of by the 
general society of the third of May : by order of that society and 
of Prince Adam Czartoryski, who was the president of the Polish 
government during the revolutionary war of 1830, the president 
of that society, Colonel Breanski, wrote to the Poles who pro- 
tested against Major Tochman, reprimanding their conduct in 
the premises, and informing them that Major Tochman was 
undoubtedly what he represented himself to be: — the nephew of 
General-in-Chief of the late Polish army, John Skrzynecki; — 
that he was actually a Major in the army; and that he had always 
distinguished himself in serving the cause of Poland. This let- 
ter was addressed to Mr. Kowalewski, who was then presiding 
officer of the section of the Polish society of the third of May, in 
New York, and who belongs to the number of those who pro- 
tested against Major Tochman ; and a similar letter was also ad- 
dressed by Colonel Breanski, to the Reverend Jerzykiewicz, 
Polish priest in this city, and both these gentlemen were request- 
ed, in these letters, in the name of the society and of Prince 
Czartoryski, to call a meeting of those persons who protested 
against Major Tochman, and to induce them to revoke that pro- 
test. I read both of these letters; they were communicated to 
me as the secretary of the society, but neither of those gentle- 
men to whom the letters were addressed, have up to this time 
taken any steps to comply with the request contained in the 
letters; as I believe probably because of their unwillingness to 
revive the subject of their mistake in protesting against Major 



19 

Tochman. Those letters are in the hands of those who protested 
against Major Tochman. 

I ought to add here, that previous to the beforetnentioned 
protest against Major Tochman, I saw his name published in a 
Book or Almanack, entitled, " Almanach Historique ou Souvenir 
de L' Emigration Polonaise,'' published in Fiance, in 1837, 
wherein it is stated that he was Major in the Regiment of Na- 
tional Guards, that he was wounded, and that he was honored 
with the Gold Cross "Virtuti Militari," a decoration which 
proves that he must have distinguished himself in the field of 
battle during the struggle against Russia for Polish independence 
and liberty. I saw also his name in the list of Polish exiles, 
whose property had been confiscated, by the Russian Govern- 
ment. This list is published in a book entitled, " La Pologne 
dans ses Anciennes Limites et L' Empire des Russies en 1836. I 
called the attention to these facts of those who protested against 
Major Tochman, but they seemed to suspect the identity of the 
person of Major Tochman until they were disabused therefrom 
by the aforesaid letters of Colonel Breanski. 

Ignatius T. Chutkowski. 

Read to and subscribed by the witness Ignatius T. Chutkow- 
ski, on his examination before me, Sept. 13, 1847. 

Geo. W. Morton, U. S. Com. 



United States of America, ) 

Southern District of Neiv York, > ss. 
City, County and State of New York. ) 

Be it remembered, that on this 14th day of September, in the 
year of our Lord 1847, I, George W. Morton, a Commissioner, 
duly appointed by the Circuit court of the United States for the 
Southern District of New York, in the second Circuit, under 
and by virtue of the Acts of Congress, entitled " An act for the 
more convenient taking of affidavits and bail in the civil causes, 
depending in the courts of the U. S." passed February 20th, 
1812, and the act of Congress, entitled " An act, in addition to 
an act entitled ' An act for the more convenient taking of affida- 
vits and bail in civil causes, depending in the courts of the U. 
S.'" passed March 1st, 1847, and the act, entitled "An act to 
establish the judicial courts of the United States," passed Sep- 
tember 24th, 1789, did call and cause to be and personally ap- 
pear before me, at my office at the United States courts, in the 
city of New York, in the said Southern District of New York, 
in the state aforesaid, John L. O'Sullivan, to testify and the 
truth to say, on the part and behalf of the plaintiff* in a certain 
suit or matter of controversy, now pending and undetermined in 
the Circuit court of the United States, for the District of Colum- 
bia, for Washington county, at Washington city and the District 



20 

aforesaid: wherein Gaspard Tochman is plaintiff, and Thomas 
Ritchie and John P. Heiss are defendants. 

And the said John L. O'Sullivan, being about the age of thirty- 
three years, and having been by me first cautioned and sworn to 
testify the truth, the whole truth, and nothing but the truth, in 
the matter of controversy aforesaid, I did carefully examine the 
said John L. O'Sullivan — and he did thereupon depose, testify, 
and say as follows, viz : To the first interrogatory he says : That 
his residence is in the city of New York. To the second inter- 
rogatory: that he knows the plaintiff in this cause, having made 
his acquaintance in the year 1842, at Albany, on the occasion of 
that gentleman's address before the Legislature of New York 
on the subject of the wrongs of Poland, the deponent being then 
a member of the legislature. That in the fall of 1845 he had the 
pleasure of receiving from Major Tochman (volunteered by that 
gentleman) two letters of introduction, the one to General 
Skrzynecki, the celebrated heroic Commander in Chief of the 
Polish Army in the late attempted revolution of Poland, and the 
other to Prince Czartoryski, the President of the late Polish 
Republic; the former residing in Bruxells, and the latter in 
Paris. That the former letter addressed Gen. Skrzynecki as 
" Uncle," and was signed with the designation of " Nephew," 
in connection with the signature of Major Tochman, which was 
well known to deponent. That the deponent was received with 
great kindness and welcome on the introduction of the said 
letters ; the most friendly inquiries being made respecting Major 
Tochman, and the relations between the writer of them and the 
parties to whom they were, addressed, which were implied in the 
letters themselves, being fully recognized by the latter in the 
most cordial manner; and that Prince Czartoryski, through the 
hands of his nephew, Count Ladislas Zamoyski, (who also had 
united in expressions of friendly regard for Major Tochman, and 
recognition of his zealous and valuable services to the Polish 
cause,), delivered to the deponent a parcel directed to Major 
Tochman, which he duly remitted to that gentleman. 

J. L. O'Sullivan. 

Reduced to writing by the witness, John L. O'Sullivan, on 
his examination before me, and signed by him in my presence, 
this 14th day of September, 1847. 

Geo. W. Morton, U. S. Com. Vertatur. 



United States of America, 

Southern District of New York. 

I, a Commissioner, duly appointed by the Circuit court of the 
U. S., for the Southern District of New York, in the second 
circuit, under and by virtue of the Acts of Congress, entitled 
" An Act for the more convenient taking of Affidavits and Bail 
in civil causes, depending in the courts of the U. S.," passed 



21 

February 20th, 1812, and the Act of Congress, entitled "An 
Act, in addition to an Act, entitled ' An Act for the more con- 
venient taking of Affidavits and Bail in civil causes, depending 
in the courts of the U. S.'"' passed March 1st, 1817, and the 
Act, entitled "An Act to establish the judicial courts of the 
U. S.," passed September 24th, 1789. Do thereby certify, that 
the reason for taking the foregoing depositions is, and the fact is, 
the witnesses are material and necessary in the cause in the 
caption of the said deposition named, and that they both live and 
reside in the city of New York, more than one hundred miles 
from the city of Washington, the place of trial of the above cause. 
I further certify, that no notification of the time and place of taking 
the said depositions, signed by me, was made out and served on 
the adverse parties, or their attorney or agent, to be present at 
the taking of the depositions, and to put interrogatories, if he or 
they might think fit, because neither of the defendants, or their 
attorney or agent, are within one hundred miles of the city of 
New York, the place of caption or taking of said depositions. 
I further certify, that on the 13th and 14th days of September, in 
the year of our Lord, 1847, I was attended by plaintiff", Gaspard 
Tochman, and by the witnesses, who were of sound mind and 
lawful age, and the witnesses were by me first carefully exam- 
ined and cautioned, and sworn to testify truth, the whole truth, 
and nothing but truth, and the deposition was by me and the 
witness reduced to writing in the presence of the witnesses and 
from their statements, and, after carefully reading the same to the 
witnesses, they subscribed the same in my presence. I have 
retained the said deposition in my possession, for the purpose of 
sealing up, directing, and depositing in the post office of the city 
of New York, the same with my own hands, for the court for 
which the same were taken. 

And, I do further certify, that I am not of counsel, nor attorney 
for either of the parties in the said deposition and caption named, 
nor in any way interested in the event of the cause named in the 
said caption. 

In testimony whereof, I have thereunto set my hand and seal, 
this 14th day of September, in the year of our Lord, 1847, and 
of Independence of the United States the seventy-second. 

Geo. W. Morton, ls. 

f United Slates Commissioner, duly appointed by the Circuit 
2 court of the U. S., for the Southern District of New York, 
t in the second circuit. 



United States of America, 

Southern District of New York. 

I, Alexander Gardiner, Clerk of the Circuit court of the United 
States of America, for the Southern District of New York, second 
circuit, do hereby certify, that I am well acquainted with the 



22 

hand writing of George W. Morton, whose name is subscribed 
to the annexed certificate and depositions, and that the signature 
to the same is in Ids proper hand writing. And, I do further 
certify, that he was, at the time of his signing the same, a Com- 
missioner, duly appointed by the Circuit court of the United 
States of America, for the Southern District of New York, under 
and by virtue of the Acts of Congress set forth in said certi- 
ficate. 

Tin testimony whereof, I have thereunto subscribed 
my name, and affixed the seal of the said Circuit 
s.<^ court, this ] 4th day of September, in the year of 
our Lord, 1847, and of Independence of the 
U. S. the seventy-second. 

Alexander Gardiner. 



Copy Test, 



Wm. Brent, Clerk. 



Genealogical Sketch of the next of kin and heirs at laiv o/Gen. 
Thadeus Kosciusko, ivith some historical notes relating to Gen. 
Kosciusko himself. 

Louis and Tekla (born Ratomska) Kosciusko, hereditary pro- 
prietors of the village of Maraszewszczyzna, and purchasers of 
the village of Siechnowicze, situated in the former Grand Dutchy 
of Lithuania, a part of ancient Poland, were the parents of four 
children, to wit: two daughters, 

1st. Ann Kosciusko, born the 26th of July, 1741, who was 
married to Peter Estko. 

2. Catharine Kosciusko, born the 29th of December, 1743, 
who was married to Charles Zolkowski. 

And of two sons. 

3. Josephus Kosciusko, who was born the 25d of February, 
1744, and died without issue, in 1789. 

4. Thadeus Kosciusko, who was born the 12th of February, 
1746. 

This last mentioned, was the same Thadeus Kosciusko who 
served in the American army during the revolutionary war of 
these United States. After the treaty of peace was concluded 
with England, Kosciusko returned to his native land Poland, 
and in 1794 led the Poles, as their General-in-Chief, against 
Russia. In this same year, 1794, at the battle of Maciejowice, 
he was severely wounded, taken prisoner of war, and carried to 
St. Petersburg — where he was incarcerated until the accession 
of the emperor Paul, who set him at liberty in the year 1796. 
In 1798, Gen. Kosciusko came to this country, to pay a visit to 
his old friends and companions in arms. On this occasion he 
left, in the hands of his friend the late Thomas Jefferson, Presi- 



dent of the United States, the fund which has since accumulated 
to the sum of more than 50,000 dollars, and is now the object of 
the claim of Gen. Kosciusko's next of kin. 

After Gen. Kosciusko returned to Europe, he chose France as 
the country of his asylum and became domiciliated there. In 
1815, when the Congress of the European Monarchs, after the 
downfall of Napoleon, was held at Vienna, he went there at the 
request of the emperor Alexander to confer with him on the des- 
tiny of Poland. In 1816, on his way back to France, he stopped 
to pay a visit to his friend Mr. Zeltner, at Soleure, in Switzer- 
land — and there he died in October, 1817, just when he was 
about to resume his journey to France — the country of his asy- 
lum and the domicil. In 1818 his remains were carried back to 
Poland and deposited in the sepulchre of the ancient kings of 
that country at Cracow. 

He died without issue, and his next of kin and heirs at law are : 

1st. Estko Branch — Hippolitus Estko, Romanus Estko, and 
Louisa Estko (now Louisa Narbutt) whp are the grand children 
of Gen. Kosciusko's sister Ann, who was married to Peter Estko; 
and Mrs. Catharine Estko, who is the mother of Romanus Estko 
and of Louisa Estko (now Louisa Narbutt) and represents her 
deceased daughter Martina Estko. 

2d. Zolkowski Branch — John Zolkowski, Josephus Znlkow- 
ski, Ann Zolkowski, Helena Zolkowski, Bregida Zolkowski and 
Carolina Zolkowski, who are the children of Gen. Kosciusko's 
second sister, Catharine who was married to Charles Zolkowski; 
and also her great-grand children; Hippolitus Wankowicz, and 
Landislaus Wankowicz. 

G. ToCHMAN. 

December 5, 1847. 



A 

Translation from the Polish. 

Siechnowicze, December 24, 1845. 
Dear Cousin : 

We willingly consent to Mr. Tochman being our 
attorney, whom you have recommended to us as a gentleman of 
honor and integrity. We rely upon you, dear cousin, being fully 
convinced that you are incapable of doing any thing which 
might be prejudicial to our interest. As to the lawyers, whom 
His Excellency, Mr. Bodisco, recommends to us, we have no 
confidence in them, as they make propositions which we cannot 
accept, they ask from us $500 in advance; it inclines us to the 
belief that they are interested persons. I send you, Dear Cousin, 
a copy of the letter which His Excellency, Mr. Bodisco, wrote 
to me, and also a copy of the official despatch of His Excellency, 
Mr. Bodisco, as Ambassador at Washington City, in the United 
States of America, to our Foreign Minister, Mr. Nesselrode, 



24 

in order that the latter might communicate it to us; perhaps it 
will be of some use to you, it may be that you will discover the 
design of those gentlemen there.* I beg you, my dear cousin, 
Ignatius, to inform us what became of the land in Ohio, of which 
those gentlemen write to us that it is lost to us, as you will see 
it from the papers which I herein enclose to you. It seems to 
us that it cannot be so as these gentlemen tell us. We cannot 
understand how the land could have been sold before its owner 
was found out. As to the debts of Klimkiewicz, if we, lawful 
heirs of Kosciusko gain the suit, it will show that Klimkiewicz 
was an imposter, and whatever debts he might have contracted, 
they cannot bind our fund. 

The Ambassador, Mr. Bodisco, says in his letter that we are 
bound to remunerate the former lawyers, I do not know why? 
They have done nothing, and it is only to your interference that 
we are indebted for the delay which was necessary to enable us, 
living as we are at so great a distance, to collect the evidence of 
our inheritance. 

I send you also a copy of the letter which I have written just 
now to the Ambassador, begging him to remit the papers to the 
Counsel whom you have recommended to us. I write also to 
Mr. Tochman, begging him to take under his care our business 
and securing to him the remuneration for his legal services which 
you promised to him. I think that our word should satisfy him 
as to the assurance of his pay, and we hope he will take up our 
business, and prosecute it with his usual activity. 

We beg you, however, dear cousin, to tell Mr. Tochman, that 
he will be entitled to his remuneration when he shall have gained 
our cause. 

Should it be necessary to give him a formal power of attorney, 
please inform us of it; and as you have also a power of attorney 
from us, on the strength of it you will please to authorize him in 
the meanwhile to proceed immediately. 

You propose to us that we should name another counsel, in the 
person of Mr. Bradley. If it is absolutely necessary, we agree 
to it; but it would be better if it could be done without him, for 
it would be necessary to pay him also — and if we could save 
some money by dispensing with his services we should prefer to 
offer you a still larger compensation. 

As to the business of Miss Elizabeth Mange, we have made 
the necessary inquiries, but until now nothing has been accom- 
plished. 

Farewell, my dear Ignatius. 

Your well wishing cousin, 

Catharine Estko. 

To Mr. Ignatius Chutkowski. 

I hereby certify that the foregoing is a true translation from 
the original Polish. Stephen J. Dallas. 

* The official despatch of Mr. de Bodisco to Mr. Nesselrode, Foreign Minis- 
ter of Russia, being not relevant in the matter before Congress, is not annexed 
here, but its copies will be put at the disposal of Congress if required. G. T. 



25 

B 

Copy of the letter of Mrs. Catharine Estko to Mr. de Bodisco. 

Je ne saurais assez exprimer toute ma gratitude pour la bien- 
vaillance avec la quelle Votre Excellence daigne s'interresser a 
notre affaire — cequi m' encourage de recourir encore a Votre 
Grace — Veuillez agreer l'assurance que ses avis me sont de la 
plus haute importance — mais Votre Excellence ignore peu — etre 
que Mr. Smith est parent de Meur. Bomford, — qu'il me soit 
aussi permi de rappeler qu' il faut agir contre 1' administrateur 
qui gire les funds, — de plus pour le moment nous sommes 
hors d' etat d' envoyer la somme de 500 dollars qu' on nous 
demande. Notre cousin, Mr. Chutkowski, nous a donne des 
preuves de son devouement et de sa loyaute — il nous recom- 
mande pour AvocatMeur Tochman de New York — et comme il 
parait qu' en date du j* s Mai 1845, de la lettre que j' ai eu 1' 
honneur de recevoir de Votre Excellence, les Avocats ne sont 
pas encore autorises legalement, conformement a la permission 
qui nous a ete donnee precedemment de nommer les Avocats 
pour defendre notre cause dans les Tribunaux en Amerique — 
nous desirous donner la preferance a ce dernier — Votre Excel- 
lence voudre bien m' excuser si j' ose lui faire mon humble de- 
mande de permettre a ce changement d' avocats, et de vouloir 
bien lui faire transmettre par Meur Chutkowski demeurant a 
New York — les papiers qui se trouvent entre les mains des an- 
ciens Avocats. Que Votre Excellence daigne considerer que 
Mr. Fendall et Smiths n' out point fait avances notre affaire, par 
consequant je suppose qu'ils n'ont pas le droit d'en reclamer le 
payment, &c. &c. 

[The aforegoing is taken from the copy which Mrs. Catharine 
Estko sent to Mr. Chutkowski in the letter marked A.] 

G. T. 



C 

Translation from the Polish filed in the Orphan's Court of the 
District of Columbia. 

Siechnowicze, December 24. 

Sir : 

Our cousin, Ignatius Chutkowski, has recommended you as 
a gentleman of honor and integrity, in whose hands, we the heirs 
of Kosciusko can safely place our business. We do place full 
confidence in you, and we beg you sir, to take under your 
management our claim, which is clear and just. As to the re- 
muneration for your legal services we approve with much plea- 
sure the agreement which our cousin made with you, and we give 
you the word of honor that none of us shall question it. If you 
wish to have formal security, please inform us and we shall take 
4 



26 

care to send it to you as soon as possible, together with the power 
of attorney — and until we do so, please to consider this letter as 
your authority. Please sir, to inform us how our business stands, 
and give us your opinion thereof. We place in you full confi- 
dence and rely upon your integrity. 

We recommend ourselves to your care, 

Your most obedient servant, 

Catharine Estko. 
a Monsieur G. Tochman, 

a New York, 

True Copy, 

Test, Ed. A. Roach, Regl. 

July 9, 1847. 



D 



Memo: 29 Nov. 1845. 



The undersigned agree to unite in the prosecution of the 
claims of the families of Estko and Zulkowski to the funds left 
in this country, in the hands of Mr. Jefferson, by Gen. Thadeus 
Kosciusko. 

We agree in the first place to enter jointly as sureties for the 
fees and costs in the several cases depending, or which may be 
brought, in the Circuit court respecting the said fund, and to be 
equally responsible in the event of any one or more of the said 
cases being carried to the Supreme court. 

We further agree that out of the compensation which we may 
receive, we will, after deducting the said fees and costs, make 
some reasonable allowance for the services heretofore rendered 
by Mr. Thos. Swann, and by Mr. J. B. H. Smith, respectively, 
and the residue to divide equally among ourselves. 

We further agree that this arrangement is temporary only, and 
that at present there is only an authority from the Estko branch 
to pay ten per cent, of the amount recovered ; that Maj. G. Toch- 
man undertakes to open a correspondence with the Zulkowski branchy 
and endeavor to obtain from that branch an authority to prosecute 
the claim and to make a proper allowance for our services, and 
also with the Estko branch to obtain an increased allowance, and 
if he shall not succeed in obtaining authority from the Zulkowski 
branch, and an increased allowance from the Estko branch, that 
either of us shall be at liberty to withdraw from this agreement 
on reasonable notice to the others. 

It is understood between us that the increased allowance above 
mentioned is not to be less than 10 per cent, so as to make the 
whole 20 per cent. 

Jos. H. Bradley, 
P. R. Fendall, 
Gaspard Tochman. 



E 
My Dear Sir: 

I have delayed my answers to your letters to 
see what view Mr. Bodisco is disposed to take. 

He is, as I feared excessively indignant, and has required Mr. 
Fendall either to get through him a power of attorney for himself 
and such associate as he, Mr. Fendall, shall name (myself for in- 
stance,) or to return the papers to him. I see nothing left for us 
but one of two courses : either to abandon the case, (for without 
the papers we can do nothing,) or to let Mr. Fendall take the 
course required by Mr. Bodisco, in which event our agreement 
will still stand. He is to receive one third, and we, each of us 
one third, although it will be impossible that your name can be 
put in the power; this must be done by a private agreement be- 
tween ourselves. 

You understand this business thoroughly. The papers, the 
only evidence we have, are subject to his control.and mustbedeliv- 
ered to him, if he requires it. It is therefore useless for me to en- 
large upon it — except to add that he seems to have been lately more 
excited by some recent occurrence, against you : what it is I 
know not, but the effect of it is to make him positively and abso- 
lutely refuse to recognize any one (particularly you) who does not 
receive his authority through the legation. 

I have directed a copy of the Intelligencer, containing the 
notice in Armstrong's case, to be sent to you. The time has not 
been changed. You will see in the reports of the Senate, that I 
have at last got the petition before them. 

I am very truly, and with great respect, 

Your most ob't serv't, 

Jos. H. Bradley. 

Maj. G. Tochman. 

9 January, 1846. 

Memo — I have promised to give Mr. Fendall your reply on 
Monday, so I beg you will let me hear from you by return mail 
and oblige Your ob't serv't, J. H. B. 



Boston, March 12, 1846. 

My Dear Sir, — I received a letter from Mrs. Catharine 
Estko, requesting me in the name of all the heirs of the Estko's 
branch to take charge of their claim — Mr. Chutkowski received 
one too, requesting him to take the papers from Mr. Bodisco and 
deliver them to me. I enclose here copies of correspondence in 



28 

reference to this matter, passed between Mrs. Estko and Mr. 
Bodisco. From the perusal of this correspondence you will best 
learn how this whole affair stands. You will return me these 
copies on my arrival in Washington. These letters are not in 
answer to my letters of December and January, but to a previous 
letter of Mr. Chutkowski. I beg leave of communicating them 
to you, that you may know what ground you have to take in 
reference to Mr. Bodisco and Mr. Fendall — should this last still 
be submissive to Mr. Bodisco's assumptions. I hope that the next 
steamer will bring us an answer to my letters, which will make 
us even more independent in our actions. 

Having learned in Boston, that Col. Bomford has to stay there 
several weeks, I caused to serve upon him the notice — as re- 
quired by the Act of Congress, enlarging the powers of the Or- 
phan's Court. I send you the returned original of the same, and 
beg you to proceed further in your and my name — should Mr. 
Fendall refuse to act conjointly with us. I will be in Washing- 
ton about the end of this month. 

Your most obedient friend and servant, 

G. Tochman. 

Jos. H. Bradley, Esq. 
Washington, D. C. 



G 

To His Excellency, James K. Polk, President of the United Stales. 
Sir: 

Last October I preferred a petition to your excellency, 
praying your protection against Mr. Bodisco's interference with 
my professional pursuits in this country. In November, the 
Secretary of State, Hon. Buchanan, answered me that, " the case 
therein represented is not deemed to be a proper one for the 
intervention of this government." I abstained from making any 
further representation on the subject, believing that I should be 
able to settle, in a private way, the difficulty in which Mr. Bo- 
disco's interference placed me. This expectation having failed, 
I am compelled to renew my complaint. 

Vattel, in his law of nations, book II, chap. VIII, § 104, says, 

" We see that every sovereign who has given an 

asylum to a foreigner, considers himself no less offended by an 
injury done to the latter than he would be by an act of violence 
committed on his own subject." 

And, treating on foreign ambassadors and ministers, book IV, 
chap. VII, § 94, he says, " Should an ambassador forget the duties 

of his station Should he form cabals and schemes 

prejudicial to the peace of the citizens, If he maltreats 

the subjects of the state, if he commits any act of injustice or 



29 

violence against them, the injured subjects are not to seek re- 
dress from the ordinary magistrates, since the ambassador is 
wholly independent of their jurisdiction : On such occa- 
sions, therefore, the plaintiffs are to make application to their 
sovereign, who demands justice from the ambassador's master, 
and, in case of refusal, may order the insolent minister to quit his 
dominions." 

The foregoing principles, deduced from the immutable natural 
law — the light of reason and the necessity of self-preservation 
of the sovereignty of nations, have been approved of by all the 
publicists, and are considered, by the independent nations of the 
whole of Christendom, as authorities and guides for settling the 
questions which cannot be decided by the existing stipulated or 
conventional laws of the respective nations. 

Such being the law of nations in the premises, I believe that 
I must have not been sufficiently explicit in my first complaint 
against Mr. Bodisco, the diplomatic representative of the Emperor 
of Russia; as I cannot admit that, were it otherwise, your Ex- 
cellency would have ordered the Secretary of State to answer 
me, that the injury which I have suffered from Mr. Bodisco's 
interference with my pursuits, " is not deemed to be a proper 
one for the intervention of this government." I cannot bring 
myself to suppose that, were my complaint well understood, your 
Excellency would have refused to protect the rights of an indi- 
vidual who has taken asylum in, and become an adopted citizen 
of these United States. 

Starting, then, from this point of view, I beg leave to submit 
to your Excellency's reconsideration — that some time in October, 
1845, I accepted a power of attorney from Mr. Chutkowski, 
cousin and agent of the heirs at law of Gen. Thadeus Kosciusko 
of Estko's branch, authorising me, as a member of the bar, to 
prosecute their claim to a fund which General Kosciusko left 
behind him in this country. This power of attorney has been 
subsequently approved of by the heirs themselves — and for reason 
that Mr. Bodisco had been previously requested by the heirs 
to retain for them a counsel, they notified him of this change of 
counsel, and of the reasons thereof — by a letter which Mrs. Estko, 
the mother of the heirs, wrote to him in November, 1 845. Acting 
under that power of attorney, I associated with myself, as counsel, 
Messrs. Fendall and Bradley, members of the Washington bar — 
by an agreement made in writing on the 29th of November, 1845. 
Some weeks after, Mr. Bodisco, assuming to claim some right of 
controlling the will and the interest of Kosciusko's heirs — as of 
the subjects of his master, insinuated to Messrs. Fendall and 
Bradley, that he does not recognize my authority as attorney of 
the heirs; made Mr. Fendall a proposition to draw a copy of a 
power of attorney in his and Mr. Bradley's name ; and promised 
them, to obtain from the heirs, through the medium of his gov- 
ernment, the approbation thereof — in order to supersede thereby 



30 

this power of attorney which they gave to me voluntarily and of 
their own choice. The details of these facts are stated in a 
curious but significant letter which Mr. Bradley had the indis- 
cretion to write to me on this subject— whereof a copy is hereto 
annexed and marked A.* It would be too long a story to describe 
what has since passed between Messrs. Fendall, Bradley and 
myself. The subject, as far as they are concerned, is now before 
the Circuit court for the District of Columbia, and in a few weeks 
it will be brought before the public through the court. I will, 
therefore, limit myself, at present, to begging your Excellency's 
attention — to Mr. Bodisco's own letter, addressed to the Judge 
of the Orphan's court — whereof a copy, marked B, is hereto 
annexed.! This letter conclusively shows that Mr. Bodisco has 
actually interfered with my professional duties — and that his 
"cabals and schemes," have actually resulted in disturbing the 
quiet, confidence and peace of three citizens, as well as those of 
many of their respective friends — and are likely to cause much 
trouble to many innocent persons abroad. Mr. Bodisco, then, 
has departed — in this case — from the duties of his station : nor 
can the fact that my clients, the heirs of Gen. Kosciusko — are the 
subjects of his master, make his position any better — for, his 
character of a diplomatic representative of the Emperor, ctoes 
not entitle him to control, in this country, the private causes of 
the subjects of Russia. "The prince, therefore, ought not to 
interfere in the causes of his subjects in foreign countries," says 
Vattel, book II, chap. VII, § 84, sec. 2.J 

To permit a foreign minister to interfere in our country 
ex officio in private causes of his master's subjects with our citi- 
zens, would be to put at stake the safety of these last. It would 
amount to the submission to a certain extent — of the sovereignty 
and independence of the state to a foreign power. 

Mr. Bodisco's interference between my clients and myself, is 
of the most pernicious character on another account. I am a 
Polish political exile. I was driven from my native land in 1831, 
and had my property confiscated in 1835 — for having taken up 
arms in defence of the liberties and independence of Poland. 
And Mr. Bodisco's motives, in molesting me in my professional 
pursuits in this country, are altogether political, intended to take 
vengeance yet further for my services to the cause of liberty and 
of Poland. Will, then, the sovereign people of these United 
States and their authorities suffer a foreign minister to use them 
as an instrument of his master — by allowing him to molest a 
Polish political exile — on their free soil ? 

What would the rest of the world say, should those, whose 

* See page 27, Exhibit marked E. f See page 38, Exhibit marked O. 

\ See also, Bacon's Abridg., I vol., 216, American Edition. Hoi: 78, 113, 
114, and the Treaty made by these United States with Russia in 1832, in United 
States Statute at Large, 8 vol., p. 448, art. 10. 



31 

land of liberty is moistened with Polish blood, assist the oppressor 
of Poland — in persecuting her sons — who defended their liberties 
and the independence of their native country? 

I need not say how detrimental it would be to the honor of 
these United States, should Mr. Bodisco succeed in his scheme; 
but I should be wanting to my duty, as an adopted citizen thereof, 
as well as to my self-respect, should I not resist his encroachment 
to my latest breath. 

Submitting, therefore, to your Excellency's reconsideration, 
my just complaint, I beg, most respectfully, your protection 
against Mr. Bodisco's further interference between me and my 
clients ; by adopting such measures, as the law of nations author- 
izes — and, as your Excellency shall deem proper and expedient. 

It remains to me to add, that my clients have repeatedly 
refused to sign the power of attorney concocted to supersede 
mine. But I infer from Mr. Bodisco's letter, above referred 
to, that he has renewed his cabal by requesting his govern- 
ment to enforce it. Your Excellency's speedy action in the 
premises would, therefore, spare my clients much trouble; and, 
I respectfully solicit this favor of your Excellency — for the heirs 
at law of the illustrious Kosciusko. 

"JUlow me, sir, the honor of renewing 

The assurance of the highest respect, 

With which I am, your Excellency's 

Most obedient fellow citizen and servant, 

G. Tochman. 

Washington, D. C, March 19, 1847. 



H 

Washington, D. C, January 18, 1847. 
Sir: 

After my interview with your Excellency in November, 
1845, I made agreement with Messrs. Fendall and Bradley, 
whereby we associated and engaged to defend the suits of Est- 
kos and Zolkowskis, claiming the fund which Gen. Kosciusko 
left in this country. A few days, then, I requested my associates 
to beg you, to transmit to the heirs two letters unsealed, inform- 
ing them of this agreement, and requesting them to secure to us 
such allowance for our fees as we thought to be authorized to ask. 
These letters had been returned to me with the answer that your 
Excellency wished to supersede my power of attorney — and to 
this end had sent (or proposed to send) to St. Petersburg a 
draught of a power of attorney in the name of Messrs. Fendall 
and Bradley, requesting the government of his Majesty, to ob- 
tain thereto the signatures from the heirs. As this power of attor- 
ney has not come yet, and the expectation of my associates — and 
especially of Mr. Fendall to obtain it, creates a misunderstanding 
between the counsel of the heirs; you will therefore excuse the 
liberty of saying a few words in relation to this subject. 



' 32 

In 1845, when I came to Washington to take charge of the 
claim of the heirs, I found in the Orphan's court, a bond of ad- 
ministration in the penalty of $56,000 — which Mr. Bomford filed 
in 1832, to secure thereby the estate of Gen. Kosciusko. Upon 
further examination (a few days after the letter which I addressed 
to your Excellency on the 23d of November, 1845) I found out 
that the sureties to said bond of administration, died insolvent 
some years ago. The whole estate, then, for many years was 
without the least security; and Messrs. Fendall and Smith — the 
former counsel of the heirs, knew nothing thereof. Through my 
exertions we have now security for $20,000 — which Mr. Bom- 
ford was compelled to file on the 7th day of May, 1846, (the 
petition upon which this security was obtained was filed by Mr. 
Fendall, but he did it as my associate, and I urged it,)* and we 
have secured $5,800 in the Bank of Washington, by injunction 
(should be, by notice to the Bank.) And the proceedings are de- 
pending in the court, to obtain further security for the residue of 
the estate — which with the interest for the last two years amounts 
to about or over $25,000 more. But this is not all which I have 
done for the heirs. Your Excellency is aware that, there were two 
Wills of Gen. Kosciusko set up to bar the claim of the heirs. One 
of 1798, creating a trust and disposing of the whole fund in behalf 
of the negroes — and another of 1806, whereby Gen. Kosciusko be- 
queathed to Mr. Armstrong a legacy which at this time with the 
accumulated interest makes more than $10,000. Messrs. Fen- 
dall and Smith, whom your Excellency retained as counsel for the 
heirs, did not make any step to set aside the Will of 1798; — an 
attempt was made by their predecessors, Messrs. Swann and 
Sampson, to avoid it on the ground that the trust created thereby 
is indefinite: but they were unsuccessful, as the Circuit Court 
for the District of Columbia dismissed their bill, in 1831. 

The Supreme Court of the United States, in 1833, reversed 
the decree of the Circuit court — with the permission to amend 
the bill — which they did in 1835 — and the cause was awaiting 
for a new trial : but its issue was very uncertain, as the courts of 
Chancery have the power to cure the defects of charitable be- 
quests. This uncertainty is now removed: — a few days after 
my interview with your Excellency, I discovered that Gen. Kos- 
ciusko made and executed another Will in 1816 at Soleure, in 
Switzerland — whereby he revoked all the previous Wills, testa- 
ments and codicils. That Will had been deposited and recorded 
at Fontainebleau in France — and its existence was carefully kept 
from the knowledge of the heirs for the 29 years past. I made 
immediately an application to the French authorities for an au- 
thenticated copy thereof, and on Friday last we have proved and 
recorded it in the Orphan's court of this District. This pro- 
ceeding settles the matter so far, that nobody else but the heirs 
have to take the whole fund which Gen. Kosciusko left here. It 
sets aside also the Will of 1806— so that the $10,000 adjudicated 
* The bracketed sentences are explanatory additions. G. T. 



33 

to Mr. Armstrong by the decree — the execution of which I stop- 
ped in November, 1845, are also saved to the heirs. (Bradley 
moved the court to stop the execution, but at my request and as 
my associate.) And your Excellency will undoubtedly recollect, 
that Messrs. Fendall and Smith, gave you an opinion that this 
legacy must be paid to Armstrong. 

Under my control, then, and through my exertions only, the 
right of the heirs is already established to the whole fund. And 
had Messrs. Swann and Sampson, and alter their death, Messrs. 
Fendall and Smith, done their duty — had they not permitted Mr. 
Bomford to collect the moneys of the estate and to speculate 
therewith — we could recover now the whole fund without any 
further litigation. But as they permitted Mr. Bomford to collect 
all the moneys, except only 5800 being in the Bank of Washing- 
ton (this is the Stock) — we must sue Mr. Bomford to recover 
from him by way of execution what we can — and then sue his 
sureties to the bond — which we obtained in May last — to make 
up the balance which we shall not be able to raise out of his own 
property. 

I have given to your Excellency this brief sketch of the 
present condition of the affairs of the heirs, to show — that 
much as I have already done to secure their claim, there remains 
yet much to be done ; and they maybe yet defeated — if then- 
business is not properly attended to. And to show also, that to 
supersede my power of attorney, when the heirs owe to my exer- 
tions and services, whatever they shall recover, would be the 
most flagrant and the most unequitable injustice. lam aware 
that political principles, seldom admit justice and equality due 
to individuals — when the interest of the state or empire is con- 
sulted. Wherefore, I do not accuse your Excellency — nor the 
government of his Majesty — of any iniquity in the design to 
reach and punish me in the character of American citizen — for 
my political doings in Poland. But I beg leave, with due respect, 
to submit to you and to the government of his Majesty, this pecu- 
liar position in which we find our respective rights. It is to be 
expected, and it cannot surprise — neither your Excellency nor 
the government of his Majesty, that if the power of attorney, in- 
tended to supersede mine — comes and be made use of — I shall 
defend my right by all possible means. Let us, then, suppose 
that the present administration shall refuse to interfere in my 
behalf in this controversy: — because the heirs of Kosciusko are 
the subjects of his Majesty and within his exclusive power. My 
course would be — to sue Messrs. Fendall and Bradley (to take 
legal measures against them) — to set aside their power of attor- 
ney as obtained by undue means and contrary to law — to impair 
the agreement which they made with me and which I hold in my 
hands. They have been participants in the measures which your 
Excellency adopted against me — and the consequence thereof is, 
that they cannot make good their power of attorney, to prejudice 
thereby my rights. And the fact that your Excellency requested 
5 



them to draw that power of attorney, will not make better their 
cause. But for the sake of argument I admit that I mistake the 
law, as to this point: your Excellency and the government of 
his Majesty would not attain the purpose aimed at — even if such 
were the case — for the law of this country secures to me the 
whole allowance and the reimbursement of all the costs which I 
laid out and advanced for the heirs. It secures them to me un- 
der all circumstances — to wit: whether I gain or lose the suit 
which I should bring against Messrs. Fendall and Bradley; and 
also whether the heirs should revoke my power of attorney, 
obeying the order of his Majesty's government — or whether they 
should do it of their own free will ; as in my proceedings 
no departure from my duties of their attorney, can be attri- 
buted to me. This my tight — is so positive and so secured by 
the Constitution of these United States, that no interference of 
any government on the face of the earth can deprive me thereof. 
And as I have a lien for my dues on the fund of the heirs — being 
in this country; they cannot be reached by the Ukas of his Majesty 
whereby it has been ordered to confiscate my property in Poland. 

I have taken the liberty of setting forth before your Excellency 
this explanation — frankly and openly — with a sincere desire to 
remove, if possible, the difficulties thrown in my way, without 
resorting to the measures which could give uneasiness to many 
persons — and no advantage to the government of his Majesty. 
A mutual understanding and support, in acting on behalf of the 
heirs, is very desirable. It could shorten the legal proceedings 
and give your Excellency the satisfaction of transmitting to the 
heirs their fund — perhaps in the course of this year. If then my 
overture is acceptable, I beg your Excellency to inform me there- 
of, that I may communicate on the subject with you. 
With the assurance of the high respect, 

I have the honor to be 
Your Excellency's most obedient, 

G. Tochman. 
To His Excellency de Bodisco, 

Envoy Extraordinary and Minister 
Plenipotentiary of Russia. 

Washington City, Jan. 18, 1847. 

I hereby certify that the within and foregoing is a true copy 
of a letter this day addressed to Mr. Bodisco, Minister from 
Russia — by Maj. G. Tochman, and by me this day deposited in the 
Post office in this city. Witness my hand and Notarial Seal — 
the day and year above stated. 

[LS.] John F. Callan, Notary Public. 



35 

I 

Washington, D. C, January 22, 1847. 
Sir: 

In addition to what I stated in my letter of the 18th inst. I 
beg leave to inform your Excellency, that last September we filed 
in the Orphan's Court a petition praying that Mr. Bom ford be 
required to give further security. This petition was dismissed, 
and I appealed from the decision. The appeal, however, could 
not be argued during the last term of the Circuit Court — it was 
necessary to wait until the next March — so I filed in the Circuit 
Court a " Bill Quia 7'imet," stating the danger in which I found 
the estate of Kosciusko, and praying for an order that Mr. Bom- 
ford be compelled to bring the moneys into court. The court 
would not refuse such order — and the consequence thereof would 
be that should not Mr. Bomford comply therewith, his property 
would be sequestered and his body taken into custody. Messrs. 
Fendall and Bradley were opposed to this measure. One of them 
even left the court when I made the motion — but I carried my 
plan notwithstanding. This compelled Mr. Bomford to give us 
further security, which he filed in the amount of 40,000 dollars 
more, after I wrote my last to your Excellency. I have given 
then my consent to withdraw the " Bill Quia Timet" — as this ad- 
ditional security has been filed under this condition — which I 
accepted, preferring the security for 40,000 dollars to the body 

of Mr. Bomford * * * * * * 

******** 

Our sureties are, Messrs. James Carrico and Samuel Slott for 
20,000 dollars mentioned in my letter of the 18th inst. and 
Messrs. Jacob Gideon and Ulysses Ward for the 40,000 dollars 
now secured. I believe that the last two are known to your 
Excellency as wealthy men. The son of Mr. Bomford and Mr. 
B, Smith are also our sureties — but rather pro forma. 
Allow me, sir, to repeat the 

assurance of my respect, 

Your Excellency's most ob't, 

G. Tochman. 
To His Excellency de Bodisco, 
Envoy Extraordinary and Minister 
Plenipotentiary of Russia. 



K 

Washington, 21 st January, 1847. 
Maj. G. Tochman, 

Sir — At the time of our interview with you this morning, we 
were not at liberty to state, that we had seen your letter to Mr. 
Bodisco, dated 18 January inst. Since then that letter has been 
placed in our hands, with full power to act in regard to it as we 
may deem best. 



36 

You will not be surprised, then, at this communication, in which 
we desire that hereafter no further intercourse shall exist between 
you and ourselves, or either of us, and that you will without delay 
transmit to Mr. Fendall such of the papers relating to the Kos- 
ciusko case6, which you received from him, as you have not yet 
returned. 

You have, we presume, retained a copy of the letter above 
referred to- If not, we will, if you desire it, forward one to 
you. 

We are, &e. 

P. R. Fendall. 
Jos. H. Bradley. 



Washington, January 9A, 1847. 
Gentlemen : 

In compliance with your request, I return the papers you 
asked for, and expect that you will also return me immediately 
the translations of the mortgage, and of the decree, made by me. 
I also send you a copy of the power of attorney which Estkos 
executed in the name of Mr. Chutkowski, and a copy of my 
power of attorney from him. With this, allow me to state that 
the treatment, which I received from you during all the time 
since you accepted the proposition of Mr. Bodisco, (to authorize 
him to send the power of attorney, drawn in your name, to 
St. Petersburg, to force the heirs to sign it), could not be beared 
anv longer. / then wrote to Bodisco, not to break thereby my 
agreement with you, but to bring the matter to a position that we 
could act under it with more unity and harmony : and if it cannot be 
attained, to come to a point that I may defend my rights and honor, 
if necessary, in the courts. Please, then, gentlemen, let me 
know, whether I have to understand your letter as a notice, as re- 
quired by our agreement, that you withdraw from further duties of 
the co-counsel of the heirs. If you do not answer, I will consider 
it so, and file my power of attorney in the court. This, how- 
ever, would be a painful duty to do, which I wish to avoid and 
keep our agreement in full force — if you henceforth consider me 
as an associate counsel, and not in the manner you did since you 
confederated against me with Mr. Bodisco. 

I am, &c 

G. TOCHMAN. 

Jos. H. Bradley, and 
P. R. Fendall, Esiirs. 



37 

M 

Washington, 2\si January, 1847. 
Maj. G. Tochman, 

Sir — We have received your letter of this date, with the 
papers which it refers to. 

We send herewith the translations you desire, and also a 
draft of a petition, or supplemental petition, prepared by you. 

Having yourself broken the agreement of the 29th Nov., 1845, 
we do not recognize you as any longer entitled to act in the cases 
of the heirs of Kosciusko, which we are exclusively authorized 
to conduct. There is no other part of your letter requiring an 
answer from us. We are, &c. 

Jos. H. Bradley. 
P. R. Fendall. 

N 

To William Brent, Esq., Clerk Circuit court, fyc. 
Sir: 

Major G. Tochman is no longer associated with us in the 
conduct of the claims of the next of kin of General Kosciusko, 
in the various suits now pending in the Circuit court. Our con- 
fidence having been entirely withdrawn from him by reason of 
his own conduct, we notify you that we cannot hereafter be re- 
sponsible for any costs or fees which may be incurred by him, 
nor is he authorized in any manner to interfere with those suits. 
He claims to have a power of attorney. We hold the original 
documents and authentic proofs, placed in our hands by the 
minister from Russia, and we have reason to distrust any and 
every act of Major Tochman, and therefore deny his right, under 
any pretended authority from any person, to interfere in these 
cases. We also file herewith a copy of his letter to Mr. Bodisco, 
as the reason of this act.* Very respectfully, &c. 

Jos. H. Bradley. 

P. R. Fendall. 
Copy Test, 25th January, 1847. 

Wm. Brent, Clerk. 





Washington, February 15, 1847. 

To the Honorable N. P. Cousin, Judge of the Orphan's court. 
Sir: 

At the request of Messrs. Fendall and Bradley, counsellors 
employed by the Imperial Russian Legation, in behalf of the next 
of kin of the late Gen. Kosciusko, who inform me that their author- 
ity has been questioned by an individual claiming to act therein, 

* This reference is made to my letter, marked H, see page 31. G. T. 



38 

under some pretended authority from the Estko family, I consider 
it due to the two counsellors to state to you the relation held by 
the Imperial Legation towards that family. 

As far back as the year 1818 the Estko family applied to the 
Imperial government for its aid in procuring information in re- 
gard to the property left by Gen. Kosciusko in this country, and 
in vindicating their claim to his succession as his next of kin and 
heirs. A correspondence was at that time opened with Mr. 
Poletica, by Prince Zajonczek, Vice-Roy of Poland, and by Mr. 
Poletica with Mr. Jefferson, which resulted in the discovery of 
the paper of 1798 deposited by the General in the hands of Mr. 
Jefferson, and of the amount of the accumulated fund referred to 
in that paper. This fact having been communicated by the Impe- 
rial government to the Estko family, full powers were transmit- 
ted to the Baron de Thuye, the successor of Mr. Poletica, and 
the papers then thought necessary to establish their claims, were 
also forwarded to him. Baron de Thuye employed Mr. Swann, 
late counsellor of law, to prosecute their claims, and he retained 
the late counsellor Sampson to assist him. 

The Imperial Legation is not fully advised of the various 
causes, which delayed the final adjudication of the claims during 
the life of Mr. Swann, who survived Mr. Sampson, but during 
his life he continued to derive all his authority from and through 
the Imperial Legation, and the Estkojfamily, by correspondence 
recognized the Legation as fully empowered to act in the matter. 
Mr. Swann having died without bringing the affair to a final 
issue, I employed Mr. Fendall and Mr. Bayard Smith conjointly 
with him to supply the place of Messrs. Swann and Sampson, 
and vested in them full authority to act in every respect as at- 
torneys and counsellors of the Estko family. For a long time, 
as I was informed, the affair was delayed because certain rules 
requiring security for costs in the court could not be complied 
with; some necessary papers which had been transmitted through 
the Imperial Legation, to be executed under the sanction of the 
Imperial government were, from some cause delayed, and certain 
documentary evidences necessary to sustain the claims of the heirs 
had not been received. In this state of affairs, I received from Rus- 
sia some authenticated documents concerning the Genealogy of 
the Kosciusko family. These documents appeared to me entirely 
sufficient to establish clearly the undisputed right of the claimants 
to the inheritance, and I placed them without delay in the hands 
of Messrs. Fendall and Bayard Smith. Soon after this communi- 
cation Mr. Bayard Smith expressed the desire to retire from the 
case, and with my full consent Mr. Fendall associated with him 
Mr. Bradley for the prosecution of this business. An arrange- 
ment was made by them to comply with the rule of court and to 
give the necessary securities. This step gave life to the affair 
which was then actively resumed and vigorously prosecuted with 
every prospect of final success.* 

* See exhibit D— its contents show too plainly the misstatement of this part 
of Mr. de Bodisco's diplomatic statement. G. T. 



From the year 1818, and during an uninterrupted period of 28 
years, the various members of the Estko family have considered 
it as a great favor and kindness on the part of the Russian govern- 
ment, to prptect their interests in the United States, and have acted 
accordingly by investing the Imperial Legation with full author- 
ity to act therein, to receive the money, and transmit it to the 
competent tribunal for the lawful distribution of the inheritance 
according to the existing law. 

After this statement of facts, it is rather difficult to understand, 
how the authority, once vested in the Legation, can, now, in any 
manner, be interfered by them, or any pe?son claiming to represent 
them, without the consent of the Imperial Legation. Can it be 
supposed for one moment, that they should forget themselves so far 
as to trifle with their own government 1 The whole tenor of their 
correspondence shows, on the contrary, that they confidently rely on 
the Legation as best qualified, from its position and impartiality, 
to protect their rights. In their anxiety to see a protracted suit 
terminated, the Estko family may have listened to overtures of 
assistance from officious individuals, but the Legation has not been 
advised of it by the Imperial Government, and there is nothing 
from which it could be mf erred of, a formal attempt, on the part of 
the Estkos family , to act against the authority given to the Imperial 
Legation, recognized and fully admitted during 28 years.* 

Desirous of furnishing to you, sir, all the information necessary 
to enable you to form a clear and impartial opinion in this case, 
/ consider it as an act of kindness towards the Estkos family, to 
protest against any pretended authority , in any other person, to in- 
terfere in this affair without my formal consent. I shall, by the 
earliest means of communication, report the attempt made to inter- 
fere toith my authorization, requesting the Imperial Government to 
inform me if any change has taken place in the position of this 
affair. In the mean time, I would beg to request that no action, 
not necessary to the preservation of the property of the estate, shall 
be had, nor any thing done, which is not sanctioned by the coun- 
sellors employed by the Imperial Legation. 
Receive, sir, the assurance of 

My high esteem and consideration, 

A. de Bodisco. 

District of Columbia, ~) 

Washington County, to wit : } 

I certify, that the aforegoing is a true copy from the original, 
filed in the office of the Register of Wills, for Washington county, 
aforesaid. 

f Witness my hand and seal of office, this 12th day of 
seal- < April, in the year 1847. 

(_ Ed. N. Roach, Register of Wills. 



See exhibits A, B, pages 23, 24, 25, to learn how this is mistated. — g. t. 



40 



To the Honorable the Judges of the Circuit Court of the 
District of Columbia. 

The undersigned, in performance of his duty, as attorney and 
counsel of the next of kin of Gen. Thadeus Kosciusko of Estkos 
branch, renews his motion — that the names of Messrs. Fendall 
and Bradley be stricken out of the docket in all the cases of said 
Estkos branch ; in other words — that they be not permitted to 
appear for the heirs in any of the said cases — for want of 
authority. 

In support of this motion, the undersigned refers your honors 
first, to the power of attorney which said Estkos branch executed 
in behalf of their cousin, Ignatius T. Chutkowski, on the 6th 
day of March, 1843. Secondly, to the letter of the same date 
accompanying said power of attorney, filed in this court. And, 
thirdly, to the letter of Hyppolitus Estko to said Ignatius Chut- 
kowski, dated 15th of July, 1844 — also filed in this court. 

He further refers your honors, fourthly, to the power of 
attorney which said Ignatius T. Chutkowski executed in behalf 
of the undersigned on the 18th of October, 1845. And, fifthly, 
to two letters from Mrs. Catharine Estko, one of which is 
addressed to said Ignatius T. Chutkowski — and dated December 
24, 1845 — and another of the same date, to the undersigned — 
which two letters prove that the Estkos branch approved the 
power of attorney of the undersigned, and positively rejected the 
counsel recommended to them — by the Russian Minister, Mr. de 
Bodisco : all which will more fully appear from said power of 
attorney and the letters — filed in this court — which the under- 
signed prays may be considered with the letter from Mr. Chut- 
kowski to the undersigned, dated 12th of February, 1847, also 
filed in this court. 

The undersigned further shows to your honors — that Messrs. 
Fendall and Bradley have never been retained or employed as 
counsel, by any of the heirs of Gen. Kosciusko ; that their names 
were entered on the docket in the cases of Estkos and others — 
pending in this court, merely in virtue of the agreement of the 
29th of November, 1845, filed in this court, whereby the under- 
signed associated himself with them — in order to have their aid 
and assistance in performing his duty towards his clients; 
that this agreement has been rescinded by Messrs. Fendall 
and Bradley, who chose to claim their authority as attorneys of 
the heirs, under and from Mr. de Bodisco, the Russian Minister; 
all which will more fully appear from the correspondence between 
Messrs. Fendall, Bradley and the undersigned — filed in this 
court — and also from the notice which said Fendall and Bradley 
filed in this court on the 25th of January, 1847 — and more espe- 
cially from the letter of Mr. de Bodisco to the Judge of the 
Orphan's Court, whereof an authenticated copy is herewith filed. 

The undersigned further shows: that the aforesaid agreement 



41 

was a contract between Messrs. Fendall, Bradley and the under- 
signed — and it can in no way bind the heirs of Kosciusko, who 
were not parties thereto, and never approved it; that the power 
of attorney of the undersigned is a personal trust and confidence 
which his clients, the heirs of Gen. Kosciusko, reposed in the 
undersigned ; that the undersigned could not and did not transfer 
to Messrs. Fendall and Bradley the trust and confidence for 
which the undersigned alone is responsible to the heirs; that it 
is the established rule of the law that " Delegatus non potest 
delegare," (2 Kent, page 633, second edition, Law Reporter, 
1842. Attorney; Johnson v Cunningham. I Alabama 249), 
that although the Estkos branch, in the power of attorney which 
they executed in behalf of Mr. Chutkowski, authorized him to 
delegate the confidence and trust reposed in him — to such per- 
son or persons as he may choose — which he did in behalf of the 
undersigned ; this same power has not been and is not invested 
in the undersigned ; it serves exclusively to Mr. Chutkowski, 
the cousin of the heirs, and he had no right to delegate to the 
undersigned " the exercise of his judgment and discretion in the 
premises, so as to bind thereby the heirs, his principals, (Liver- 
more on the Law of Principal and Agent, vol. I, pages 54, 64,) 
— the insinuation, therefore, that Messrs. Fendall and Bradley, 
by virtue of the agreement made with the undersigned, became 
the attorneys of the heirs, is altogether inconsistent with the 
principles of positive law, aforesaid : they were no more than 
the associates of the undersigned, and, with the dissolution of this 
association, their right of interfering with any of the cases of the 
clients of the undersigned, completely ceased. 

As to the claims of Messrs. Fendall and Bradley of some 
power under the authority from the Russian minister, Mr. Bo- 
disco ; the undersigned says, that a foreign minister has no right 
to interfere in the private causes of the subjects of his master, 
in any foreign country, (Vattel's new edition of Law of Nations, 
pages 165, 166, § S4, and 172, 173, note Hi to § 104, and Bacon's 
Abridg., I vol. 216, American edition); the attempt of Mr. Bo- 
disco to interfere with the professional pursuits of the under- 
signed, is an insult to the sovereignty of these United States, 
and should be rebuked at the porch of the judiciary, before 
which it has been brought through the instrumentality of Messrs. 
Fendall and Bradley. 

G. Tochman. 



Q 

Be it remembered, thaton this third day of November, 1847, be- 
fore me the subscriber, a Justice of the Peace of the State of 
Maryland, in and for the City of Baltimore, personally appeared 
Major Gaspard Tochman, who after being duly sworn and ac- 
cording to law says: that he is a native of Poland, — took an 
active part as Major in the army during the revolutionary war 
6 



42 

against Russia in 1830 — and for having done so, was exiled from 
Poland in 1831, and had his property confiscated by the grasping 
power of the Autocrat in 1835. In 1832 this affiant came, as 
exile to France, where he was elected by his fellow-countrymen, 
Vice-President of the Polish Council at Avignon, and held the 
office of that station until 1834, when he went to Paris. About 
the end of 1836 he left France for England, and in 1837 he came 
to this country and made himself known to the public of these 
United States, as a lecturer on the policy of Russia and the wrongs 
and sufferings of his native land, Poland. In 1843 he became a 
naturalized citizen of these United States, and in 1845 he was 
admitted to practice law in various Courts of the United States 
and in the city and state of New York, where he resides. This 
affiant further says : that soon after he commenced to practice 
law, to wit: about the end of the year 1845, the next of kin of 
General Thadeus Kosciusko of Estko branch, who all reside in 
Poland and Russia, retained him as attorney and counsel to re- 
cover their moiety of the property which their kinsman said Gen. 
Kosciusko left in this country, and which they claimed and liti- 
gated without any success since the year 1821 or 1823. And 
this affiant further says, that on his coming to Washington City, 
to take charge of the business of his clients said Estkos, he found 
out that the other branch of the next of kin of said Kosciusko, 
the Zolkowski branch, entitled to the second moiety of said pro- 
perty, had no attorney nor counsel in this country — he, this affiant 
therefore, as their former countryman undertook to take charge, 
and did take charge of their right to, and interest in the estate, and 
notified them of it by a letter addressed to their relative and cor- 
respondent, a certain Mr. Adam Bychowiec, living in Russia, in 
the government of Grodono, who is an assignee or purchaser of 
some portions of the moiety of the estate casting upon said Zolkow- 
skis branch. This affiant further says, that although he has an ex- 
press, and he believes, an irrevocable power of attorney from the 
Estkos branch, and although theZolkowskis branch for whom this 
affiant undertook to act voluntarily as aforesaid, have not revoked 
him as their attorney and counsel, as the law in such cases provides 
fpr and requires. Yet a certain Mr. de Bodisco, minister from 
Russia, in his anxiety to take vengeance upon this affiant for his 
political offences against Russia, undertook to interfere with this 
affiant's professional pursuits, and has attempted to take out of 
his hands the business aforesaid of the next of kin of said Thadeus 
Kosciusko. The affiant further says, that to this end said Mr. 
de Bodisco, minister from Russia, some time in February, 1846, 
forwarded to St. Petersburg in Russia, a power of attorney pre- 
pared in the name of two lawyers of the Washington bar, (with 
whom this affiant had associated himself as counsel of the next of 
kin of said Kosciusko to have their legal aid and assistance) re- 
questing the government of Russia to require the clients of this 
affiant, said next of kin of Thadeus Kosciusko, to sign said pow- 
er of attorney in order to supersede that of this affiant. And 



43 

this affiant further says, that he, said Mr. de Bodisco, minister 
from Russia, having failed in obtaining the signatures of the next 
of kin of said Thadeus Kosciusko to the power of attorney in- 
tended to supersede that of this affiant as aforesaid, undertook to 
put at naught this affiant's right and power of attorney, by enlist- 
ing the two lawyers whom this affiant associated with himself as 
aforesaid, to contest the power of attorney of this affiant, under 
pretended authority from him said Mr. de Bodisco, minister from 
Russia, and in the meantime, he, said Bodisco, renewed his effort 
to obtain from the next of kin of said Kosciusko a power of at- 
torney aforesaid, in behalf of the two lawyers employed by him- 
self to accomplish his political vengeance aforesaid. This affiant 
further says, that in this stage of this affair came to the City of 
Washington from Russia, Ladislaus Wankowski, late Captain in 
the Russian army, who is a grand-grandson of one of the sisters 
of Gen. Kosciusko, and is entitled in his own right to one twenty- 
eighth part of the estate of said Kosciusko, casting upon him 
through his father, and to one fifty-sixth part of said estate which 
he takes as legacy from his uncle Josephus Zolkowski. And to 
whom said Adam Bychowiec, and a certain Mr. Szyrma, both 
purchasers of certain small portions of the estate, gave a power of 
attorney to recover their said portions: None of the actual heirs 
or next of kin of said Kosciusko, not even own brother of said 
Captain Wankowicz, joined said Bychowiec and Szyrma in giving 
said power of attorney to said Ladislaus Wankowicz, Captain in 
the Russian army. This affiant further says, that the law of 
Russia forbids the Russian subjects to have any interview with 
the Polish political exiles, without the permission of that govern- 
ment, even abroad in foreign countries: — he, this affiant does not 
undertake to say whether said Captain Wankowicz obtained from 
his government leave to see this affiant as attorney and counsel, 
but he has reason to believe, and does really believe, that said 
Capt. Wankowicz, on his coming to the City of Washington, 
some time during the last week, made such an application to said 
Mr. de Bodisco, minister from Russia, who at first granted said 
Captain Wankowicz the permission of having interviews with this 
affiant, and two days after revoked it, and forbade him to see this 
affiant anymore; which order, of course Capt. Wankowicz must 
obey, for otherwise he might be sent to Siberia on his return 
home. This affiant further says, that during the interview, which 
said Capt. Wankowicz had with this affiant in virtue of the afore- 
said permission from Mr. de Bodisco, minister from Russia, he 
said affiant, learned from said Capt. Wankowicz that, said Mr. de 
Bodisco ordered him to employ as his counsel, those two lawyers 
for whom he failed to obtain the power of attorney — from other 
next of kin of said Kosciusko, intended to supersede the power 
of attorney of this affiant as aforesaid. And this affiant further 
says, that he advised said Capt. Wankowicz to comply with said 
order of said Bodisco, having reason to believe and really believing 
that, should said Capt. Wankowicz refuse to employ these two 



44 

lawyers, as said Bodisco, minister from Russia directed him, he, 
said Capt. Wankowicz, might be severely punished on his return 
to Russia. This affiant further says, that on the occasion of said 
interview, Capt. Wankowicz communicated to this affiant a let- 
ter written in the Polish language, dated Paris, January, 1847, 
and signed " Terlecki," addressed to a certain Mr. Szyrma, who 
has a certain interest in the estate of Kosciusko as a legatee or 
purchaser of a certain small portion, — in which letter said Terlecki 
informs said Szyrma, that he, said Terlecki, is in communication 
with some lawyers in the United States; that he proposes to 
sail from France for the United States in a very short time; and 
thereupon he, said Terlecki, requests said Szyrma and the next 
of kin of Thadeus Kosciusko, to execute to him, said Terlecki, a 
power of attorney to recover the property which Gen. Kosciusko 
left in this country; and for his services he asks said Szyrma 
and the next of kin of said Kosciusko, to assign to him, said 
Terlecki, one half of the estate. This affiant further says, that 
he has reason to believe and does really believe that, the said let- 
ter has been made use of to connect the affiant with said Ter- 
lecki, in the proposition which said Terlecki, made to the heirs or 
next of kin of said Kosciusko. This affiant therefore expressly 
and solemnly says and declares, that he does not know said 
Terlecki, never saw him, had no communication with him, neither 
directly nor indirectly, in this nor in any other business what- 
ever; that therefore the charge of some connection of this affiant 
with said Terlecki is a cabal; an attempt to impeach the good 
name of this affiant. This affiant further says, that the law being 
too slow to protect his right and good name, against these politi- 
cal machinations of said Bodisco, minister from Russia, he, said 
affiant makes this affidavit under the solemnity of his oath, for 
the purpose of setting forth before his fellow citizens of these 
United States, the actual position of this affair ; which he does 
in the exercise of his right to use preventive measures in self-de- 
fence, to avert the injury to which the unrelenting persecution 
aforesaid, could expose him — before he can legally be protected 
by the Congress of these United States. 

Sworn before ) Gaspard Tochman. 

William Warfield. S 



